Case Summary (G.R. No. 178236)
RTC Ruling
The Makati RTC convicted DueAas of Carnapping under RA 6539, ruling that he unlawfully took a motor vehicle with intent to gain. He was sentenced to 14 years, 8 months to 17 years, 4 months of imprisonment and ordered to pay ₱295,000 plus 12% interest.
CA Ruling
The Court of Appeals held that the Information charged Qualified Theft of proceeds, not Carnapping of the vehicle itself, thus violating DueAas’s right to be informed. It convicted him of Qualified Theft under Articles 308 and 310, imposing reclusion perpetua and ordering payment of ₱310,000 less the ₱40,000 paid, plus 6% interest.
Issue
Whether the CA correctly convicted DueAas of Qualified Theft when he argued the proceeds were used in good faith under his authority as Sales Manager.
Supreme Court Ruling
The Supreme Court affirmed the CA’s finding of all elements of Qualified Theft: taking of Automall’s property (₱310,000), without consent, without violence or force, with intent to gain, and under grave abuse of confidence. DueAas failed to prove consent for his reinvestment scheme or rebut the presumption of intent to gain. The
...continue readingCase Syllabus (G.R. No. 178236)
Facts of the Case
- On May 7, 2004, Automall Philippines Corporation acquired a 1999 white Honda Civic through a trade-in program with Honda Cars Makati; Florentino G. DueAas, Jr., as Sales Manager, was tasked to retrieve and resell the vehicle.
- Upon return of Automall’s president and director from abroad, the Civic was missing from inventory; DueAas admitted selling it for P310,000 and using the proceeds to purchase another vehicle for a higher profit.
- DueAas memorialized the events in a June 22, 2004 letter, acknowledging his appraisal error and intent to “cover up” by reinvesting proceeds in another “fast break” sale.
Procedural Chronology
- Information filed before RTC Makati (Crim. Case No. 05-157) charging DueAas and Richard Salcedo with Qualified Theft (RPC Arts. 310 in relation to 308).
- Pre-trial conducted; case archived twice by stipulation; revived October 5, 2006, for prosecution’s evidence presentation on November 27, 2006.
- Prosecution’s sole witness, Automall’s Director for Business Development, testified on trade-in mechanics and DueAas’s unauthorized disposition of proceeds.
- January 28, 2008: RTC granted Salcedo’s demurrer to evidence; co-accused dismissed.
- DueAas’s testimony, delayed by postponements, was presented on January 25, 2010, detailing appraisal, “fast break” sale of the Civic, and attempted transaction with Gamboa.
Ruling of the Regional Trial Court
- June 15, 2010 Decision: Convicted DueAas of Carnapping under RA 6539 (as amended by RA 7659), rather than Qualified Theft.
- Sentence: Indeterminate imprisonment of 14 years 8 months to 17 years 4 months; restitution of P295,000 plus 12% per annum interest.
- Rationale: RTC found that DueAas had taken the vehicle itself, abused confidence, and did not return the car or its proceeds, meeting elements of Carnapping.
Ruling of the Court of Appeals
- September 24, 2013 Decision: Denied DueAas’s appeal but reclassified the offense to Qualified Theft (RPC Arts. 310 in relat