Title
Pedro J. Amarille vs. People
Case
G.R. No. 256022
Decision Date
Aug 7, 2023
Pedro Amarille acquitted of qualified theft due to lack of intent to gain, despite harvesting coconuts from disputed land; ordered to repay proceeds under solutio indebiti.
qualified theft
theft
criminal law

Case Summary (G.R. No. 96409)

Factual Background

In the early morning of November 4, 2011, Pedro J. Amarille instructed Daniel Albaran to climb coconut trees on a parcel of land situated at Pustan, Cabawan, Maribojoc, Bohol. Daniel initially hesitated because he associated the land with Hospicio Almonte, the longtime caretaker for Macario Jabines, but he acceded after Pedro assured him he would answer any complaint. Daniel climbed 18 trees and gathered 200 coconuts which were thereafter made into copra.

Reporting and Barangay Conference

On November 7, 2011, Noel M. Jabines, son of Macario Jabines, received information that Pedro harvested mature coconuts on his father's land and reported the incident to the police and barangay officials. On November 9, 2011, a barangay conference was convened. Pedro admitted gathering coconuts and converting them into copra but insisted the land was owned by his grandfather, Eufemio Amarille. The parties signed an agreement that Pedro would cease harvesting and deposit the existing copras at the barangay hall. Pedro breached the agreement and sold the copras, using the proceeds for his personal consumption.

Information, Trial and Plea

An Information charged Pedro with qualified theft under Article 310 for unlawfully taking 200 coconut fruits valued at PHP 2,000.00 from the coconut plantation of the heirs of Macario Jabines on or about November 4, 2011. Pedro pleaded not guilty and was tried. The prosecution sought to prove the elements of theft and the qualifying circumstance of coconuts taken from a plantation.

Regional Trial Court Ruling

The Regional Trial Court found that the subject land was owned by Macario Jabines, as evidenced by Original Certificate of Title No. 25102, and concluded that Pedro, with intent to gain, took coconuts belonging to another without consent. The RTC convicted Pedro of qualified theft and sentenced him to an indeterminate penalty of eight years and one day of prision mayor, medium, to fourteen years eight months and one day of reclusion temporal, medium.

Court of Appeals Ruling

On appeal, the Court of Appeals affirmed the RTC conviction but modified the penalty. The CA held Pedro knew the land was owned by Macario Jabines and applied Article 309(3) in computing the penalty. The CA imposed an indeterminate sentence of two years, four months and one day of prision correccional as minimum to six years and one day of prision mayor as maximum. A motion for reconsideration was denied, prompting the Rule 45 petition to the Supreme Court.

Issue Presented to the Supreme Court

The dispositive legal issue was whether Pedro J. Amarille was proven guilty beyond reasonable doubt of qualified theft, specifically whether the prosecution established the element of intent to gain, or animus furandi, in taking coconuts from the plantation.

Standard of Review and Exception Under Rule 45

The Court reiterated that petition for review under Rule 45 is generally limited to questions of law and that findings of fact of lower courts are binding. The Court invoked the Medina exceptions and identified that this case warranted reexamination because the CA’s factual findings were premised on an asserted absence of evidence and were contradicted by evidence on record. The Court therefore evaluated material facts anew to determine whether reasonable doubt existed.

Elements of Theft and Qualified Theft

The Court restated the statutory elements of theft under Article 308 and the qualifying circumstance under Article 310, including that theft requires (1) taking of personal property, (2) property belongs to another, (3) intent to gain, (4) lack of consent, and (5) absence of violence or force. It emphasized that qualified theft is malum in se and that animus furandi is an essential element which must be proven beyond reasonable doubt, although the intent to gain is generally presumed from taking without consent and may be rebutted by evidence of honest belief of ownership.

Supreme Court’s Evaluation of Evidence on Mens Rea

The Supreme Court found that the prosecution failed to prove beyond reasonable doubt that Pedro had the requisite intent to deprive another of ownership. The Court considered that Pedro presented Tax Declaration No. 2008-32-0008-00050 registered under Eufemio Amarille, showed long possession and cultivation since 1986, and openly instructed a climber in daylight while asserting ownership and offering to answer complaints. The Court applied controlling precedents, including Igdalino v. People, Diong-an v. Court of Appeals, Ligtas v. People, and others, to hold that an open and notorious taking under an honest and bona fide belief of ownership rebuts the presumption of animus furandi. The Court found reasonable doubt as to Pedro’s criminal intent and concluded the prosecution did not overcome the presumption of innocence.

Civil Restitution: Solutio Indebiti and Interest

Although the Court acquitted Pedro of qualified theft, it accepted the RTC’s finding that the land belonged to Macario Jabines and held that Pedro unjustly enriched himself by selling the copras. The Court ordered Pedro to pay the heirs of Macario Jabines the amount of the proceeds from the sale under the principle of solutio indebiti. The Court fixed interest at the rate of six percent per annum on the amount of the proceeds, reckoned from the date of finality of the Supreme Court Decision until fully paid, characterizing the obligation as arising from a quasi-contract.

Dispo

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