Case Summary (G.R. No. 76539)
Factual Background
The case arises from an incident occurring in December 1983, when Erkey Pit-og allegedly cut and removed sugarcane and banana plants belonging to Edward Pasiteng, the complainant, who had been in possession of the land for over 25 years. The land in question was communal before its sale to Pasiteng, who claimed ownership through a deed of sale. Witnesses, including two minors, Leonard Marcos and Jessie Comicho, testified that they observed Erkey and her companions harvesting the crops without permission.
Charges and Initial Proceedings
A complaint for theft was filed against Erkey Pit-og, alleging that she took 300 pieces of sugarcane and a bunch of bananas valued at P2,000 without the consent of the owner. The Municipal Trial Court found her guilty of theft based on its assessment of evidence, declaring that the elements of theft were met, and consequently sentencing her to arresto mayor and payment of damages.
Defense and Appeal
Erkey denied the charges, asserting that she was part of the tomayan, and claimed ownership of the land based on customary practices that allowed members to cultivate crops. The Municipal Trial Court discredited her claims due to the lack of documentation proving her occupation of the land, and the Regional Trial Court upheld this decision on appeal, emphasizing the credibility of Pasiteng's documentation over Erkey's oral assertions.
Court of Appeals Findings
Appealing to the Court of Appeals, Erkey contended that no criminal intent existed, and that the case was civil rather than criminal in nature. The appellate court affirmed the lower courts' decisions, highlighting that Pasiteng was a possessor in good faith, and that the elements of theft were satisfied, barring Erkey’s defense which lacked substantiation.
Supreme Court Review and Decision
Upon reaching the Supreme Court, Erkey raised issues regarding the presence of criminal intent, the qualification of theft, and the classification of the case. The Court noted that the essential elements of theft must be established beyond a reasonable doubt, including the identifi
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Case Citation
- G.R. No. 76539
- Date of Decision: October 11, 1990
- Court: Supreme Court of the Philippines
- Division: Third Division
- Chief Justice: Fernan, C.J.
Parties Involved
- Petitioner: Erkey Pit-og, also known as Mary Pit-og
- Respondents: People of the Philippines and Hon. Judge Nicasio A. Baguilat in his capacity as Presiding Judge of the Regional Trial Court of Mt. Province, Branch XXXV
Background of the Case
- Erkey Pit-og appealed the decision of the Court of Appeals which upheld the ruling of the Regional Trial Court of Mountain Province.
- The lower courts found her guilty beyond reasonable doubt of the crime of theft, sentencing her to four months and twenty days of arresto mayor as minimum, to two years, eleven months, and ten days of prision correccional as maximum, along with the obligation to pay damages amounting to four thousand pesos.
Facts of the Case
- Location: Loag, Mainit, Mt. Province - a communal land known as "tayan" owned by the tomayan group, descendants of original owners Jakot and Pang-o.
- Incident Date: December 1983
- Involved Parties:
- Pel-ey Cullalad, a septuagenarian and descendant of the original owners.
- Edward Pasiteng, who purchased a 400-square-meter portion of the tayan for P1,500.
- Ownership Documentation: A deed of sale was notarized and signed by members of the tomayan group establishing Pasiteng's ownership.
- Allegation:
- Erkey, accompanied by others, was seen cutting and taking sugarcane and banana plants from Edward Pasiteng's property.
- Edward Pasiteng reported the incident