Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1984 > September 1984 Decisions > G.R. No. L-66136 September 28, 1984 - ELPIDIO EMPELIS, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-66136. September 28, 1984.]

ELPIDIO EMPELIS, MAMERTO CARBUNGCO, SALVADOR CARBUNGCO and EMILIO CARBUNGCO, Petitioners, v. HON. INTERMEDIATE APPELLATE COURT and THE PEOPLE OF THE PHILIPPINES, Respondents.

Roselito R. Apoya, for Petitioners.

The Solicitor General for Respondents.


SYLLABUS


1. CRIMINAL LAW; SIMPLE THEFT DISTINGUISHED FROM QUALIFIED THEFT; PENALTIES THEREFOR. — Article 310 of the Revised Penal Code states that the crime of theft shall "be punished by the penalties next higher by two degrees than those respectively expressed in the next preceding article . . . if the property stolen . . . consists of coconuts taken from the premises of a plantation, . . ." Thus, the stealing of coconuts when they are still in the tree or deposited on the ground within the premises is qualified theft. When the coconuts are stolen in any other place, it is simple theft. Stated differently, if the coconuts were taken in front of a house along the highway outside the coconut plantation, it would be simple theft only.

2. ID.; ID.; CRIME COMMITTED IN CASE AT BAR IS FRUSTRATED QUALIFIED THEFT. — In the case at bar, petitioners were seen carrying away fifty coconuts while they were still in the premises of the plantation. They would therefore come within the definition of qualified theft because the property stolen consists of coconuts taken from the premises of a plantation. However, the crime committed is only frustrated qualified theft because petitioners were not able to perform all the acts of execution which should have produced the felony as a consequence. They were not able to carry the coconuts away from the plantation due to the timely arrival of the owner.


D E C I S I O N


RELOVA, J.:


The then Municipal Circuit Court of Dimasalang-Palanan-Uson, Masbate convicted herein petitioners of qualified theft of fifty coconuts valued at P50.00 and sentenced each of them to an indeterminate penalty of from four (4) to eight (8) years and one (1) day, to restore to the owner of the stolen coconuts, Guillermo Catarining the sum of P50.00 and to pay the costs.

From the foregoing judgment they went to the Intermediate Appellate Court claiming that the court a quo erred: (1) convicting all accused when there was no sufficient evidence to prove that they did gather and steal the coconut fruits of the coconut plantation of Guillermo Catarining at Tambangan, Dapdap, Uson, Masbate, Philippines; (2) in giving too much probative value to the evidence for the prosecution and in discrediting that for the defense; and (3) in not acquitting all the accused of the crime charged on the ground of reasonable doubt. (pp. 8-9, Rollo)

Respondent appellate court affirmed in toto the penalty imposed upon petitioners by the trial court. Hence, instant petition which seeks to reduce the penalty imposed upon petitioners by the trial court, which was affirmed in toto by respondent Intermediate Appellate Court. (p. 1, Rollo)

The facts as found by respondent Intermediate Appellate Court are as follows:chanrobles virtual lawlibrary

"Prior to June 10, 1979, Guillermo Catarining, owner of a coconut plantation in Sitio Tambangan, Dapdap, Uson, Masbate, was frequently losing coconuts in his plantation due to thievery. Thus, on the early morning of June 10, 1979, while he stayed in his plantation to keep watch, he saw four (4) persons within the premises of his plantation gathering and tying some coconuts. He then went home, fetched his neighbors Anastacio Andales and Teodomero Garay and took along a flashlight. Upon reaching the coconut plantation with his companions, Catarining beamed his flashlight on the four persons who turned out to be the herein appellants. Elpidio Empelis and Emilio Carbungco were seen carrying coconuts on a piece of wood on their shoulders while Salvador and Mamerto Carbungco were espied carrying coconuts with their bare hands. As the four persons noticed the presence of Catarining and the latter’s companions, they dropped the coconuts they were carrying and fled leaving behind about 50 pieces of coconuts valued at P50.00 and two poles, one made of bamboo and the other of wood. (Exhs. A & A-1) Catarining invited the barangay tanod to witness the counting of the coconuts abandoned by the four men. Upon the advice of said tanod, Catarining reported the incident to the barangay captain who accompanied him and his companions to the police station at Uson, Masbate where Catarining filed his complaint." (pp. 47-48, Rollo)

The only issue raised with earnestness by petitioners is that the crime committed, if at all, is simple and not qualified theft as found by respondent court.

Article 310 of the Revised Penal Code states that the crime of theft shall "be punished by the penalties next higher by two degrees than those respectively expressed in the next preceding article . . . if the property stolen . . . consists of coconuts taken from the premises of a plantation, . . . ." Thus, the stealing of coconuts when they are still in the tree or deposited on the ground within the premises is qualified theft. When the coconuts are stolen in any other place, it is simple theft. Stated differently, if the coconuts were taken in front of a house along the highway outside the coconut plantation, it would be simple theft only.

In the case of People v. Isnain, 85 Phil. 648, this Court held that" [i]n the matter of theft of coconuts, the purpose of the heavier penalty is to encourage and protect the development of the coconut industry as one of the sources of our national economy. Unlike rice and sugar cane farms where the range of vision is unobstructed, coconut groves can not be efficiently watched because of the nature of the growth of coconut trees; and without a special measure to protect this kind of property, it will be as it has been in the past the favorite resort of thieves."cralaw virtua1aw library

In the case at bar, petitioners were seen carrying away fifty coconuts while they were still in the premises of the plantation. They would therefore come within the definition of qualified theft because the property stolen consists of coconuts taken from the premises of a plantation.

However, the crime committed is only frustrated qualified theft because petitioners were not able to perform all the acts of execution which should have produced the felony as a consequence. They were not able to carry the coconuts away from the plantation due to the timely arrival of the owner.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

WHEREFORE, the judgment of conviction is hereby AFFIRMED but modified in the sense that the crime committed is only frustrated qualified theft and petitioners Elpidio Empelis, Mamerto Carbungco, Salvador Carbungco and Emilio Carbungco are each sentenced to suffer the indeterminate penalty of two (2) months and one (1) day of arresto mayor, as minimum, to two (2) years and four (4) months and one (1) day, of prision correccional, as maximum, and to pay the costs.

SO ORDERED.

Teehankee, Melencio-Herrera, Plana, Gutierrez, Jr. and De la Fuente, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






September-1984 Jurisprudence                 

  • G.R. No. L-37061 September 5, 1984 - MAMBULAO LUMBER COMPANY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-57298 September 7, 1984 - MYC-AGRO-INDUSTRIAL CORPORATION v. PURIFICACION CAMERINO VDA. DE CALDO, ET AL.

  • G.R. No. L-32295 September 12, 1984 - PEOPLE OF THE PHIL. v. JUANITO LORENZO

  • G.R. No. L-38787 September 12, 1984 - PEOPLE OF THE PHIL. v. MARIANO BACAY

  • G.R. No. L-43923 September 12, 1984 - PEOPLE OF THE PHIL. v. MARTIN MAGUDDAYAO, ET AL.

  • G.R. Nos. L-47440-42 September 12, 1984 - PEOPLE OF THE PHIL. v. LEONARDO LOR, ET AL.

  • G.R. No. L-64050 September 12, 1984 - PEOPLE OF THE PHIL. v. COURT OF FIRST INSTANCE OF ORIENTAL MINDORO, ET AL.

  • G.R. No. L-66859 September 12, 1984 - PEOPLE OF THE PHIL. v. GERMAN G. LEE, JR., ET AL.

  • G.R. No. L-31282 September 17, 1984 - PEOPLE OF THE PHIL. v. EMILIANO PLANDEZ, ET AL.

  • G.R. No. L-29613 September 18, 1984 - APOLINAR S. FOJAS v. SATURNINA R. DE GREY

  • G.R. Nos. L-32866-7 September 21, 1984 - PEOPLE OF THE PHIL. v. ALFONSO F. SABILANO

  • G.R. No. L-42408 September 21, 1984 - ISIDRA P. CADIRAO, ET AL. v. NUMERIANO G. ESTENZO, ET AL.

  • G.R. No. L-56769 September 21, 1984 - PEOPLE OF THE PHIL. v. ARMOGENES S. SANCHEZ

  • G.R. No. L-26298 September 28, 1984 - CMS ESTATE, INC. v. SOCIAL SECURITY SYSTEM, ET AL.

  • G.R. No. L-28691 September 28, 1984 - PEOPLE OF THE PHIL. v. BALA MARUHOM

  • G.R. No. L-30666 September 28, 1984 - ANDRES ABAN, ET AL. v. MANUEL L. ENAGE, ET AL.

  • G.R. No. L-31712 September 28, 1984 - IN RE: ERNESTO V. ROSALES v. ASUNCION Z. CASTILLO ROSALES, ET AL.

  • G.R. No. L-32103 September 28, 1984 - PEOPLE OF THE PHIL. v. JOSE BUENSUCESO, ET AL.

  • G.R. No. L-32162 September 28, 1984 - PASAY CITY GOVERNMENT, ET AL. v. COURT OF FIRST INSTANCE OF MANILA, BRANCH X, ET AL.

  • G.R. No. L-33225 September 28, 1984 - PEOPLE OF THE PHIL. v. NICOMEDES RAMO, ET AL.

  • G.R. No. L-33504 September 28, 1984 - REPUBLIC OF THE PHIL. v. LEE BON UI

  • G.R. No. L-33642 September 28, 1984 - PEOPLE OF THE PHIL. v. RIZALDO LOPEZ, ET AL.

  • G.R. No. L-35574 September 28, 1984 - PEOPLE OF THE PHIL. v. VALENTINA L. MANANQUIL

  • G.R. No. L-35744 September 28, 1984 - WENCESLAO JUNIO v. FELICIANO DE LOS SANTOS, ET AL.

  • G.R. No. L-36957 September 28, 1984 - ANICETO IBABAO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. Nos. L-36987-88 September 28, 1984 - PEOPLE OF THE PHIL. v. PEDRO T. CATACUTAN

  • G.R. No. L-38175 September 28, 1984 - PEOPLE OF THE PHIL. v. ROMEO LACHICA, ET AL.

  • G.R. No. L-40207 September 28, 1984 - ROSA K. KALAW v. BENJAMIN RELOVA, ET AL.

  • G.R. No. L-40308 September 28, 1984 - ISMAEL GULA v. PEDRO DIANALA, ET AL.

  • G.R. No. L-41603 September 28, 1984 - PRIMITIVA VDA. DE GALINDO v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-42592 September 28, 1984 - FLORENCIA ANG LOPEZ v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-43276 September 28, 1984 - BENEDICTA C. DAZA v. REPUBLIC OF THE PHIL.

  • G.R. Nos. L-45407-08 September 28, 1984 - PEOPLE OF THE PHIL. v. EMILIO URBISTONDO, ET AL.

  • G.R. No. L-55138 September 28, 1984 - ERNESTO V. RONQUILLO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-57936 September 28, 1984 - DMRC ENTERPRISES v. ESTE DEL SOL MOUNTAIN RESERVE, INC.

  • G.R. No. L-61752 September 28, 1984 - SY KAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-62130 September 28, 1984 - SEAVAN CARRIER, INC., ET AL. v. GTI SPORTSWEAR CORPORATION, ET AL.

  • G.R. No. L-62992 September 28, 1984 - ARLENE BABST, ET AL. v. NATIONAL INTELLIGENCE BOARD, ET AL.

  • G.R. No. L-63129 September 28, 1984 - WAYNE JAIN v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-64573 September 28, 1984 - PEOPLE OF THE PHIL. v. FREDDIE RENOJO

  • G.R. No. L-65102 September 28, 1984 - MAXIMO AQUINO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-65585 September 28, 1984 - SAINT LOUIS FACULTY CLUB v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-66069 September 28, 1984 - REPUBLIC OF THE PHIL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-66136 September 28, 1984 - ELPIDIO EMPELIS, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-66526 September 28, 1984 - RAFAEL B. GAERLAN, SR. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-67966 September 28, 1984 - PEOPLE OF THE PHIL. v. MARIO NAVOA, ET AL.

  • UDK-6066 September 30, 1984 - ROGELIO CORDERO v. BETHEL K. MOSCARDON, ET AL.

  • G.R. No. L-42918 September 30, 1984 - NESTOR M. PATRIARCA v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-51574-77 September 30, 1984 - VICTOR CLAPANO, ET AL. v. FILOMENO GAPULTOS, ET AL.

  • G.R. No. L-53914 September 30, 1984 - RODOLFO DE LEON v. CONRADO LINDO, ET AL.

  • G.R. No. L-66274 September 30, 1984 - BAGUMBAYAN CORPORATION v. INTERMEDIATE APPELLATE COURT, ET AL.