Title
Viray vs. People
Case
G.R. No. 205180
Decision Date
Nov 11, 2013
Dog caretaker convicted of simple theft after breaking into employer's house, stealing items; insufficient evidence for qualified theft or proven property value.

Case Digest (G.R. No. 205180)
Expanded Legal Reasoning Model

Facts:

  • Procedural posture
    • Petitioner Ryan Viray was charged by Information in RTC Cavite City, Branch 16, with qualified theft of jewelry, electronics, and clothing valued at ₱297,800.00. He pleaded not guilty.
    • After trial, the RTC convicted him of robbery (finding force upon things) and sentenced him to 4 years, 2 months, 1 day to 8 years prision mayor.
  • Appellate proceedings
    • On appeal, the Court of Appeals (CA) held that robbery could not be charged (force was not alleged) but convicted Viray of qualified theft (grave abuse of confidence) and imposed 4 months, 1 day arresto mayor to 2 years, 4 months, 1 day prision correccional with restitution.
    • The CA denied Viray’s motion for reconsideration.
  • Facts of the incident
    • Employment and access
      • Viray was a dog caretaker for private complainant Zenaida Vedua, working daily from 6:00 a.m. to 5:30 p.m. with no permission to enter Vedua’s house interior.
      • On October 19, 2006, Vedua left home at 7:00 a.m., locking all doors, and returned at 7:00 p.m. to discover missing items and broken doors.
    • Missing property and circumstantial evidence
      • Vedua’s missing items included jewelry (₱275,000), a Gameboy, CD player, Nokia phone, and jacket, totalling ₱297,800.00.
      • A plastic bag with Viray’s t-shirt and shorts was found inside the house.
      • Witness Nimfa Sarad saw Viray at 6:00 a.m. and leaving with a sack around 11:00 a.m.; Leon Young saw him descending Vedua’s stairs with a companion at about 10:00–11:00 a.m.; laundrywoman Beverly Calagos left him alone at 8:30 a.m.; Viray never returned to work.
    • Defense of alibi and denial
      • Viray claimed he missed work on October 19 due to flu, his mother notified Vedua at 5:30 a.m., and his sister and aunt corroborated his illness and absence.

Issues:

  • Classification of the crime
    • Whether the taking constituted robbery, qualified theft, or simple theft.
  • Sufficiency of allegation and proof
    • Whether the Information properly alleged force upon things to sustain a robbery charge.
    • Whether grave abuse of confidence existed to elevate theft to qualified theft.
    • Whether the prosecution proved the value of the stolen property for penalty determination.
  • Relief awarded
    • Whether restitution order should stand absent proof of pecuniary loss.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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