Case Summary (G.R. No. 22442)
Key Dates
- April 11, 1989: Alleged removal of six electric meters at CAPASSCO premises
- April 18–20, 1989: Discovery and reporting of missing meters by MERALCO
- July 4, 1989: Police lineup identifying petitioner
- July 13, 1989: Filing of information for qualified theft (Revised Penal Code Arts. 309–310)
- December 28, 1989–February 1, 1990: RTC trial
- March 16, 1990: RTC conviction and indemnity order (P41,786)
- June 18, 1991: CA affirmation
- August 14, 1998: Supreme Court decision
Applicable Law
- 1987 Philippine Constitution, Article III, Section 12 (rights during custodial investigation)
- Revised Penal Code, Articles 309 and 310 (qualified theft)
- Revised Rules of Court, Rule 132 (testimony offer, hearsay, and proof)
- Exclusionary rule on confessions and admissions
- Precedents: Gamboa v. Cruz; People v. Java; People v. Valero; People v. Ibal
Facts
In April 1989, MERALCO engineers discovered six electric meters missing from the Cathay Pacific Steel and Smelting Corporation (CAPASSCO) premises in Novaliches, Quezon City. Investigation by Patrolman Enopia led to eyewitness Danilo Garcia, who on July 4, 1989, identified petitioner—among eight men in a police lineup—as the leader of a MERALCO service crew that removed the meters on April 11, 1989.
Procedural History
An information for qualified theft was filed on July 13, 1989. The RTC of Quezon City convicted de la Torre on March 16, 1990, sentencing him to an indeterminate prison term of 6 years, 1 month, and 11 days to 8 years and 1 day, and ordered P41,786 indemnity to MERALCO. The Court of Appeals affirmed on June 18, 1991, and denied reconsideration. The petitioner elevated the case to the Supreme Court.
Issues
- Whether petitioner’s constitutional rights under Art. III, Sec. 12 (rights to silence and counsel) were violated during the police lineup.
- Whether the testimonies of prosecution witnesses were admissible despite lack of formal offer under Rule 132.
- Whether hearsay certifications were improperly given probative value.
- Whether the uncorroborated testimony of Danilo Garcia proved guilt beyond reasonable doubt.
Court’s Analysis
Custodial Rights and Lineup: The Court distinguished a police lineup from custodial interrogation. Since no questioning was directed at petitioner during the lineup, his Article III, Section 12 rights were not triggered, and the exclusionary rule did not apply.
Formal Offer of Testimony: Under the post-July 1, 1989 amendments to Rule 132, testimonial evidence must be offered at the time a witness testifies. Petitioner failed to object at trial or invoke the rule, thereby waiving any defect in formal offer.
Hearsay Evidence: Certifications (Exhibits M, N, P) stating MERALCO did not authorize meter removal or receive related complaints were hearsay. Because their declarants were not presented for cross-examination, those documents carried no probati
Case Syllabus (G.R. No. 22442)
Facts
- On April 18, 1989, Alexander Manalo, MERALCO electrical engineer, found six electric meters missing from Cathay Pacific Steel and Smelting Corporation (CAPASSCO) premises in Novaliches, Quezon City.
- Manalo and Felino Olegario reported the loss to MERALCO’s Ortigas office and, on April 20, gave statements to the Northern Police District (NPD). They suspected CAPASSCO employees or possibly MERALCO personnel of tampering and removing the meters.
- Patrolman Edgar Enopia, investigating the case, received information from Danilo Garcia that, on April 11, 1989 at about 10:00 p.m., four crewmembers in MERALCO service truck No. 522 had removed the meters.
- MERALCO identified its crew for truck No. 522; petitioner Alejandro B. de la Torre was among them and was alleged to be the group leader.
- On July 4, 1989, the crewmembers were placed in an eight‐person police line‐up; Garcia identified de la Torre as the leader who supervised the removal.
- Based on these statements, an information for Qualified Theft (Arts. 309 and 310, RPC) was filed on July 13, 1989, charging de la Torre with wilfully and unlawfully removing six electric meters valued at P41,786.00 from CAPASSCO’s premises.
Procedural History
- The case was raffled to RTC Branch 92, Quezon City (Presiding Judge Pacita C. CaAizares‐Nye).
- Trial ran from December 28, 1989 to February 1, 1990.
- On March 16, 1990, the RTC found de la Torre guilty of Qualified Theft, sentencing him to an indeterminate term of 6 years, 1 month, 11 days to 8 years, 1 day of prision mayor and ordering indemnification of P41,786.00.
- De la Torre appealed to the Court of Appeals, raising four errors: (1) violation of custodial investigation rights; (2) improper admission of testimony without formal offer; (3) reliance on hearsay documents; and (4) insufficiency of the uncorroborated testimony of Garcia.
- On June 18, 1991, the Court of Appeals affirmed