Title
Gutib vs. Court of Appeals
Case
G.R. No. 131209
Decision Date
Aug 13, 1999
Drivers and cashier accused of conspiring to steal diesel fuel via misuse of purchase orders; Supreme Court acquitted Gutib due to insufficient evidence.

Case Summary (G.R. No. 112090)

Procedural History and Initial Rulings

The trial commenced with evidence presented, and both Gutib and Caballes filed demurrers to the evidence after the prosecution concluded. The trial court denied Gutib's demurrer on April 26, 1996, while granting Caballes' demurrer and dismissing the case against him due to insufficient evidence. Following this, Gutib sought the inhibition of the presiding judge, which was granted, leading to a re-assignment of the case. Gutib later filed a motion for reconsideration of the denied demurrer, which was subsequently dismissed by RTC-Br. 21.

Court of Appeals Ruling

Gutib elevated the matter to the Court of Appeals via a petition for certiorari, but this was dismissed on June 30, 1997, for lack of merit. The appellate court maintained that a trial was necessary for assessing the evidence, rather than certiorari to contest the denial of a demurrer, asserting the proper course was to await the trial's outcome before appealing.

Legal Basis for Motion for Reconsideration

In response to Gutib's persistent motions, the Supreme Court eventually permitted a second motion for reconsideration, which prompted an examination of whether the trial court abused its discretion in denying the demurrer. The issue at hand questioned the sufficiency of evidence presented by the prosecution and whether an appropriate remedy existed under certiorari.

Review of Prosecution Evidence

Upon scrutinizing the evidence, which included testimonies from discharged witnesses, the Supreme Court found the prosecution's case against Gutib to be grossly inadequate. Significant information revealed that fuel issuance was tightly regulated by ERS, limiting how much fuel drivers could request and tying it directly to hauling assignments. The evidence presented exposed vulnerabilities in the prosecution’s assertions of theft, and witness testimonies suggested the limitations and practices employed by ERS made theft unlikely.

Findings on the Charge of Qualified Theft

The testimonies corroborated that the drivers received fuel purchase orders sufficient only for specific trips, thus minimizing opportunities for under-filling tanks or engaging in unethical practices with the cash exchanged for purchase orders. Notably, the accumulation of profits by ERS contradicted claims of significant loss due to alleged fuel pilferage, further undermining the prosecution's arguments.

Constitutional Considerations and Conclusion

The Court emphasized that the denial of Gutib's demurrer constituted grave abuse of discretion given the prosecution's failure to establish guilt. It applied

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