Case Summary (G.R. No. 193479)
Applicable Law
The decisions are based on the Revised Penal Code (RPC) of the Philippines, specifically Articles 308, 309, and 310 which define theft and the elements constituting Qualified Theft.
Case Background
The case revolves around seven Informations for Qualified Theft filed against Bernard G. Mirto, who was the Branch Manager of Union Cement Corporation (UCC) for Tuguegarao City. The crimes were committed when Mirto misappropriated various amounts collected from customers, which he failed to remit to the company in violation of his fiduciary duties.
Charges and Initial Findings
The Informations describe multiple instances of theft involving differing amounts, with the first case dated June 21, 2001, detailing that Mirto, being a trusted employee of UCC, unlawfully took funds totaling PhP 308,200 from checks issued for cement purchased by clients, directing them to deposit the payments into his personal account instead of UCC's accounts.
Admission of Wrongdoing
Evidence presented during the trial included Mirto's handwritten admission of misappropriating company funds addressed to his superior. This admission, as well as testimonies from customers and internal auditors, established Mirto's grave abuse of confidence as he accessed and utilized UCC’s funds for his benefit.
Trial Court Ruling
The Regional Trial Court (RTC) found Mirto guilty beyond a reasonable doubt of Qualified Theft in four out of seven counts. The penalties included reclusion perpetua based on the determination that the amount involved exceeded prescribed thresholds, thus qualifying the theft.
Appellate Court Affirmation
Mirto’s appeal to the Court of Appeals (CA) was dismissed. The CA affirmed the RTC findings, concluding that he had only material possession of the funds, not juridical possession as he was required by UCC to turn over all payments received. The court also emphasized the absence of any authority granted to him to hold or deposit payments in any account other than that of UCC.
Legal Analysis of Qualified Theft
The case illustrates all the elements constitutive of Qualified Theft whereby:
- Taking of Personal Property: Funds collected were clearly personal property belonging to UCC.
- Without Consent: Mirto had no right to retain the payments; he was obligated to remit them to UCC.
- Intent to Gain: His knowledge and actions in depositing funds into his account demonstrated intent to gain unlawfully.
- Gravity of Abuse of Confidence: As a Branch Manager, he was trusted with funds, and his exploitation of this trust met the criteria for grave abuse of confidence.
Conclusio
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The Case
- This case involves an appeal from the Decision dated August 24, 2009, of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 03444.
- The CA affirmed the March 24, 2008 Decision of the Regional Trial Court (RTC) in Tuguegarao City, Cagayan, finding Bernard G. Mirto guilty beyond reasonable doubt of Qualified Theft.
- The RTC's ruling stemmed from seven Informations filed against Mirto, with specific details outlined in Criminal Case Nos. 9034, 9115, 9117, and 9130.
The Facts
- Seven Informations for Qualified Theft were filed against the accused, each detailing different dates, quantities of cement bags, check payments, and deposit accounts involved.
- The Information in Criminal Case No. 9034 accused Mirto of stealing 4,600 bags of Portland cement, valued at PhP 308,200.00, paid through checks from Philippine Lumber, which were misappropriated and deposited into his personal bank account.
- The other cases outlined various amounts and buyers, all indicating Mirto's role in diverting cement sales proceeds to his personal accounts, without the company’s consent.
Background of the Accused
- Bernard G. Mirto was the Branch Manager of Union Cement Corporation (UCC) in Tuguegarao City.
- On June 29, 2001, Mirto confided to his colleague, Restituto P. Renolo, about his misappropriation of company funds.
- Mirto prepared a handwritten letter admitting to misappropriating a total of PhP 6,572,750, which was later