Case Summary (G.R. No. 69494)
Applicable Law
The case is governed by the provisions of the Revised Penal Code regarding theft and relevant procurement regulations under Presidential Decree No. 1445 (Government Auditing Code).
Facts of the Case
On October 23, 1985, Abundo requested permission to use a junk chassis from the DPWH’s inventory. Marcelo R. Alberto, the Motor Pool Officer, approved this request. Following this authorization, the chassis was delivered to Abundo, who later sought to use it for assembling a private vehicle. In December 1985, Abundo returned the chassis to the DPWH after issues arose during an attempt to install a new body. Despite this, a complaint was filed against him in October 1987, alleging qualified theft.
Elements of Theft
The prosecution needed to establish five elements of theft: (1) taking, (2) property belonging to another, (3) intent to gain, (4) lack of consent from the owner, and (5) absence of violence or intimidation. The Sandiganbayan convicted Abundo based primarily on the alleged lack of consent for the taking of the chassis.
Lack of Malice and Consent
The core argument of Abundo's defense centered on the assertion that there was no unlawful taking or malice involved in his request for the chassis. Initially, he sought and received consent from his superior, who had the authority to grant such requests. The subsequent documentation and delivery of the chassis to Abundo indicated a transfer of possession with lawful consent.
Authority to Loan Unserviceable Property
The Sandiganbayan referenced Section 4(2) of P.D. No. 1445, arguing that unserviceable government property cannot be loaned out while pending destruction or auction. However, this interpretation was countered by the defense's assertion that Section 79 of the same decree allowed private sales and was permissive regarding the loan of unserviceable property, not prohibitive.
Good Faith Defense
Even if Alberto lacked the authority to issue the chassis, Abundo acted under the reasonable belief that he was permitted to use the chassis for official purposes. His intent to improve his mobility for public service was not indicative of criminality. The decision failed to fully consider the context of Abundo’s actions and his intentions.
Return of Property
Significantly, the chassis was retu
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Case Overview
- The case involves a petition for review on certiorari regarding the decision of the Sandiganbayan, which found Rafael Abundo guilty of qualified theft.
- The decision was rendered on January 11, 1991, in Criminal Case No. 14395, with Abundo being accused of stealing a government-owned Willys Jeep chassis valued at P15,000.00.
- The events took place in Virac, Catanduanes, during October 1985, when Abundo was serving as the District Engineer of the Department of Public Works and Highways (DPWH).
Background of the Case
- The petitioner, Rafael Abundo, was charged with qualified theft of a Willys Jeep chassis while acting in his capacity as a public officer.
- The chassis was classified as unserviceable and was included in an Inventory and Inspection Report by the DPWH, which indicated that it was subject to disposal.
- Abundo's request to use the chassis was approved by Marcelo R. Alberto, the Motor Pool Officer, leading to the issuance of a Memorandum Receipt.
Legal Proceedings
- After the trial, the Sandiganbayan convicted Abundo, sentencing him to an indeterminate prison term ranging from four months and one day to two years and four months.
- Abundo appealed the decision, arguing that there was no unlawful taking or malice involved in his actions, and that he had recei