G.R. No. 134298 - Tan vs. People

Rosita Lim is the proprietor of Bueno Metal Industries in Tondo, Manila, engaged in manufacturing boat propellers and spare parts.
Manuelito Mendez was an employee at Bueno Metal Industries who left employment in February 1991.

Following Mendez’s departure, Lim discovered missing welding rods, propellers, and boat spare parts valued at approximately P48,000.00.
Lim informed Victor Sy, uncle of Mendez, about the loss.

Mendez was arrested in the Visayas and confessed that he and Gaudencio Dayop stole items from Lim’s warehouse.
Mendez implicated Ramon C. Tan as the buyer of stolen items and admitted receiving P13,000.00 in cash from him, which he and Dayop split.
Lim forgave Mendez and did not file charges against him or Dayop.

An Assistant City Prosecutor filed information against Tan, charging him with violation of Presidential Decree No. 1612 (Anti-Fencing Law) for knowingly receiving stolen goods valued at P48,130.00.
Tan pleaded not guilty and waived pre-trial.
Prosecution witnesses included Rosita Lim, Victor Sy, and Manuelito Mendez (the confessed thief).
The defense presented Lim and Mendez as hostile witnesses and Tan testified on his own behalf.

Rosita Lim testified to losing spare parts after Mendez’s departure and confirmed Mendez’s admission of theft and sale to Tan. Lim acknowledged a business relationship between her husband, William Tan, and Ramon Tan.
Manuelito Mendez admitted to stealing and selling stolen items to Tan, identifying Tan as the buyer who paid P13,000.00.
Victor Sy corroborated Lim’s account regarding Mendez’s theft and sale to Tan.
When called as hostile witnesses, Lim admitted some missing items were under the name of Asia Pacific Industrial Welding Corporation or her husband and confirmed a past business relationship with Tan. Mendez stated he signed an affidavit without counsel and reiterated that stolen goods were delivered to Tan’s hardware store, with the secretary usually receiving deliveries.
Ramon C. Tan denied buying stolen goods, denied knowing Mendez, and pointed out discrepancies in receipts and the failure to report the incident to police. He claimed goods were accepted by his staff, not him personally, and signed a counter-affidavit denying guilt.

The Regional Trial Court convicted Tan of fencing (August 5, 1996) and sentenced him to imprisonment and payment of indemnity to Lim.
The Court of Appeals affirmed the conviction on January 29, 1998, and denied Tan’s motion for reconsideration on June 16, 1998.
Tan filed a petition for certiorari with the Supreme Court.

Whether the prosecution established the essential elements of the crime of fencing under Presidential Decree No. 1612 against petitioner Ramon C. Tan.