Case Summary (G.R. No. 162540)
Petitioner
Gemma T. Jacinto served as Mega Foam’s collector until June 30, 1997. She was charged with qualified theft for allegedly misappropriating a P10,000 postdated Banco de Oro check given by Baby Aquino as payment to Mega Foam.
Respondent
The People of the Philippines prosecuted before the Regional Trial Court (RTC) of Caloocan City, Branch 131, with the Court of Appeals (CA) affirming the conviction, and the Supreme Court (SC) subsequently reviewing the CA decision.
Key Dates
• June–July 1997: Baby Aquino issues P10,000 check to petitioner.
• Mid-July 1997: Check dishonored; plan devised to replace it with cash.
• August 15 & 21, 1997: Entrapment operations conducted by NBI.
• October 4, 1999: RTC renders decision convicting all three accused.
• December 16, 2003: CA affirms/modifies RTC decision.
• March 5, 2004: CA denies petitioner’s motion for reconsideration.
• July 13, 2009: SC promulgates final decision.
Applicable Law
1987 Philippine Constitution; Revised Penal Code, Articles 308 (theft), 309 (penalty based on value), 310 (qualified theft), Article 4(2) (impossible crime), and Article 59 (penalty for impossible crime).
Facts
Baby Aquino delivered a P10,000 postdated check to Jacinto for Mega Foam purchases. Instead of remitting it, petitioner allegedly conspired with Valencia and Capitle to deposit the check into Generoso Capitle’s Land Bank account. Upon dishonor, they planned to obtain cash replacement and split proceeds. An NBI-supervised entrapment resulted in petitioner receiving marked bills, leading to her arrest.
RTC Findings
The RTC found that petitioner, Valencia, and Capitle unlawfully took the check with intent to gain, abusing the trust reposed in them as employees. All were convicted of qualified theft and sentenced to five years, five months, eleven days to six years, eight months, twenty days of imprisonment.
CA Ruling
The CA modified the RTC decision: it maintained Jacinto’s sentence, reduced Valencia’s punishment to four months of arresto mayor medium, and acquitted Jacqueline Capitle.
Issues on Review
- Whether petitioner was convicted of an uncharged crime.
- Whether a dishonored check may constitute the object of theft.
- Whether the evidence established guilt beyond reasonable doubt.
SC Analysis
Qualified theft requires the thing taken to have value (RPC Arts. 308, 309, 310). The P10,000 check was dishonored and therefore lacked value. Under Article 4(2) and Article 59 (impossible crime), an act intended to commit theft but inherently impossible or rendered so by extraneous circumstances constitutes an “impossible crime.” The SC likened this to factual impossibility (e.g., reaching
...continue readingCase Syllabus (G.R. No. 162540)
Parties
- Petitioner: Gemma T. Jacinto, former collector for Mega Foam International, Inc.
- Respondent: People of the Philippines, represented by the prosecution.
Facts of the Case
- In June 1997, Baby Aquino delivered BDO Check No. 0132649 dated July 14, 1997 for ₱10,000.00 as payment to Mega Foam; Jacinto was the designated collector.
- Petitioner did not remit the check to Mega Foam; it was instead deposited into Generoso Capitle’s Land Bank account (husband of Jacqueline Capitle, petitioner’s sister).
- Jacqueline Capitle allegedly directed customers to make payments payable to “CASH,” concealing these transactions from Mega Foam.
- Upon dishonor of the check, a telephone relay among Rowena Ricablanca, Anita Valencia, and Jacinto discussed replacing the bounced check with cash and splitting proceeds four ways.
- NBI-assisted entrapment marked ten ₱1,000.00 bills with fluorescent powder; these were passed through Ricablanca to simulate the cash replacement.
- On August 21, 1997, at Jacinto’s house and en route to Baby Aquino’s premises, Ricablanca retrieved the marked money and delivered ₱5,000.00 each to Jacinto and Valencia, triggering their arrest by NBI agents.
- Forensic examination confirmed fluorescent powder on the hands of Jacinto and Valencia.
- Jacinto, Valencia, and Jacqueline Capitle (Jane Doe) were charged with Qualified Theft under Articles 308 and 310 of the Revised Penal Code.
Procedural History
- RTC Caloocan City, Branch 131 (October 4, 1999): Convicted all three accused of Qualified Theft; each sentenced to 5 years, 5 months, 11 days to 6 years, 8 months, 20 days imprisonment.
- Court of Appeals (CA-G.R. CR No.