Case Summary (G.R. No. 218910)
Key Dates and Procedural Posture
Alleged offense occurred on or about September 13, 2006. Arrests took place on September 20, 2006. The Regional Trial Court (Branch 20, Imus, Cavite) rendered its conviction on September 25, 2012. The Court of Appeals affirmed by decision dated January 13, 2015. The Supreme Court rendered the final decision affirming the conviction on July 5, 2017. Because the decision date is after 1990, the 1987 Constitution is the applicable constitutional framework for judicial review.
Applicable Law and Legal Standards
The elements of theft were applied as articulated in Miranda v. People and cited authorities: (1) taking of personal property; (2) the property belongs to another; (3) taking done with intent to gain; (4) taking without owner’s consent; and (5) taking accomplished without violence against persons or force upon things. Theft is qualified under Article 310 of the Revised Penal Code when certain circumstances exist, including commission by a domestic servant or theft with grave abuse of confidence. Grave abuse of confidence requires a relationship of dependence, guardianship, or vigilance creating a high degree of trust that the accused abuses. Intent to gain is generally presumed from the unlawful taking (animus lucrandi), and conspiracy may be inferred from the conduct of parties before, during, and after the offense.
Facts Established at Trial
Eyewitness Roger Alama testified that on September 13, 2006 he saw the accused unlock the pawnshop’s steel gate, call one of two unidentified men who then entered the shop, while another man remained outside as a lookout. The man who entered came out carrying a small bag and left; the accused later emerged tied and with packing tape on his mouth and claimed he had been robbed. Auditor Gina Brogada conducted an inventory showing missing items valued at PhP 582,200.00 and positively identified two men’s rings and one necklace recovered from the accused as items taken from the pawnshop. Police witnesses testified that at arrest the accused and a co-accused were found in possession of an 18-K yellow gold necklace with anchor pendant, an 18-K yellow gold men’s ring with horseshoe design, and a 14-K yellow gold ring with scale design, which were turned over to the local police station.
Defense and Trial Court Findings
The accused’s defense was that he was coerced at gunpoint into opening the vault, tied and gagged, and thereby became a victim of robbery; he claimed he later returned to work and assisted with inventory and a sketch of the robbers. The Regional Trial Court rejected this defense, finding the accused to be a trusted employee who managed the shop alone, had keys and access to the vault and knew its combination. The RTC concluded that the accused exploited the trust reposed in him, that theft was committed with grave abuse of confidence, and that the appropriate penalty was reclusion perpetua. The RTC ordered restitution of PhP 500,000.00 to the Diamond Pawnshop and directed that proceedings against the at-large co-accused be archived until they were apprehended.
Court of Appeals Ruling
On appeal, the Court of Appeals affirmed the RTC’s decision in its entirety, dismissing the appeal and upholding the conviction and penalty imposed by the trial court.
Supreme Court Analysis and Ruling
The Supreme Court found no reversible error. It applied the established elements of theft and concluded that the prosecution proved each element beyond reasonable doubt: there was a taking of personal property belonging to another (the pawnshop), done without consent and with intent to gain, and without the use of violence or force against persons or things. The Court treated the thef
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Case Caption and Procedural Posture
- Reporter citation: 813 Phil. 221, Third Division, G.R. No. 218910, July 05, 2017.
- Decision author: DECISION TIJAM, J.
- Concurring Justices: Velasco, Jr. (Chairperson), Peralta, Bersamin, and Reyes, JJ., concur.
- Notation: Associate Justice Peralta designated additional Member per Raffle dated March 15, 2017 vice Associate Justice Francis H. Jardeleza (asterisked in source).
- Lower court history:
- Regional Trial Court (RTC), Imus, Cavite, Branch 20 — Criminal Case No. 3638-07. RTC Decision dated September 25, 2012 (Penned by Presiding Judge Fernando L. Felicen) convicting accused-appellant of Qualified Theft and sentencing him to reclusion perpetua and ordering payment of Php 500,000.00 to Diamond Pawnshop.
- Court of Appeals (CA) — CAA-G.R. CR-HC No. 05984. CA Decision dated January 13, 2015 (Penned by Associate Justice Victoria Isabel A. Paredes, concurred in by Associate Justices Magdangal M. De Leon and Jane Aurora C. Lantion) which affirmed the RTC decision. Appeal to the Supreme Court followed.
- Notice of Judgment: Supreme Court Decision rendered July 5, 2017; original received by the Office on August 16, 2017 at 9:55 a.m., Division Clerk of Court WILFREDO V. LAPITAN.
Parties and Accusation
- Plaintiff-Appellee: People of the Philippines.
- Accused-Respondent(s): Saturnino Sabado y Lomboy and Hospicio Haruta y Martinez (both at large at the time of RTC decision).
- Accused-Appellant: Luther Sabado y Pangangaan (employee of Diamond Pawnshop, Dasmariñas, Cavite branch).
- Charge (as alleged in the Information): Qualified Theft charged to have been committed on or about September 13, 2006 at Dasmariñas, Cavite, with intent to gain and with grave abuse of trust and confidence, in conspiracy with the two other accused (non-employees), by taking an assortment of jewelry and cellular phones alleged to be worth FIVE HUNDRED THOUSAND PESOS (Php 500,000.00), belonging to Diamond Pawnshop, without the owner’s knowledge or consent. Contradiction/variation in proof noted in record: inventory later indicated missing items valued at Php 582,200.00.
Facts Established at Trial (Prosecution Evidence)
- Timeline of incident:
- Date of alleged theft: September 13, 2006.
- Witness Roger Alama (Alama) testified: at around 12:15 p.m., while performing duties as a collector at Luzviminda 2, Dasmariñas, Cavite, he observed accused-appellant coming out of the pawnshop and two unidentified men near the pawnshop.
- Alama observed accused-appellant unlock the steel gate, call one of the men who then entered the pawnshop; the other man remained outside, appearing as a lookout and leaning against the glass window.
- The man who entered came out carrying a small bag and immediately left. Shortly thereafter, accused-appellant emerged tied and with packing tape on his mouth; once tape removed, accused-appellant declared that he had been robbed inside the pawnshop by the two men.
- Pawnshop inventory and identification:
- Witness Gina Brogada (Brogada), auditor and appraiser of Diamond Pawnshop, confirmed the pawnshop was robbed and, after inventory, found missing items valued at Php 582,200.00.
- When shown certain pieces of jewelry recovered during arrest, Brogada positively identified two men’s rings and one necklace with pendant as those stolen from the pawnshop.
- Arrest and recovery of items:
- Police witnesses PCI Dominador Arevalo and PO1 Efren Recare testified that on September 20, 2006, SPO1 Antonio Valdez and SP02 Mario Sanchez arrested the accused-appellant and his co-accused.
- Items found in their possession at arrest: (1) 18-K yellow gold necklace with anchor pendant; (2) 18-K yellow gold men’s ring with horseshoe design; and (3) 14-K yellow gold ring with scale design.
- These items were turned over to the Dasmariñas Municipal Police Station.
- During a press briefing, the accused were presented and their photographs published in a newspaper.
Defense Version Presented by Accused-Appellant
- Accused-appellant’s account of September 13, 2006:
- Claimed he was working alone in the pawnshop at around 12:00 noon.
- As he was about to go out and opened the gate, a dark-skinned person wearing a hat blocked his way and held him at gunpoint, forcing him inside.
- While inside, another person carrying a bag entered; the man with the gun ordered him to open the vault, threatened to kill him, then tied his hands and feet and covered his mouth with tape.
- The two unidentified men removed contents of the vault and fled.
- Post-incident conduct as described by accused:
- Accused-appellant claimed he was readmitted to work after the robbery; the pawnshop owner instructed him to inventory the contents of the vault and to prepare a cartographic sketch of the robbers.
- After five or six days, he was invited to the police station for questioning; thereafter, a criminal information was filed against him.
- Defense plea at trial: Accused-appellant pleaded not guilty and contended there was no direct evidence linking him to the taking inside the pawnshop, emphasizing absence of witnesses to the internal events.
Procedural Findings and Sentencing by the RTC
- RTC determination: Found accused Luther Sabado guilty of Qualified Theft under the Revised Penal Code.
- RTC reasoning summarized in record:
- The amount stolen was determined as Php 500,000.00 (as alleged in the Information).
- RTC applied the ruling in Astudillo and concluded the proper penalty is reclusion perpetua.
- RTC found the accused to have been a trusted employee of Diamond Pawnshop, noting he managed the shop alone, had keys to