SUPREME COURT DECISIONS

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Endnotes:

1 RTC Records, p. 214.

2 Id. at 1.

3 Id. at 206-207.

4 TSN, August 13, 1991, p. 8.

5 Id. at 208-210.

6 Id. at 59.

7 Criminal Case No. 609-S for Robbery in band; Rollo, p. 38.

8 Criminal Case No. 609-S for Robbery in band; Criminal Case No. 1505-S for Theft of large cattle; Criminal Case Nos. 566-S and 616-S for Illegal Possession of Firearms. Rollo, p. 41.

9 Rollo, p. 45.

10 Id. at 140.

11 Id. at 123-124.

12 Id. at 148.

13 Id. at 152-153.

14 Id. at 64-66.

15 Section 2, P.D. No. 533 (Anti-Cattle Rustling Law of 1974).

16 TSN, November 8, 1990, pp. 6-17.

17 RTC Records, p. 6.

18 People vs. Sison, G.R. No. 119307, 312 SCRA 792, 801 (1999).

19 People vs. Arillas, G.R. No. 130593, June 19, 2000, p. 7.

20 Rule 110, Sec. 8. Designation of the offense. The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.

21 R. C. Aquino. The Revised Penal Code, vol. 1, 1997 ed., p. 353 citing People vs. Lopido, 65 Phil 189 (1937).

22 R. C. Aquino. The Revised Penal Code, vol. 1, 1997 ed., p. 352 citing United States vs. Ah Tung, 26 Phil 321, 327 (1913).

23 ART. 309. Penalties.Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos; but if the value of the thing stolen exceed the latter amount, the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2. The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.

3. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is more than 200 pesos but does not exceed 6,000 pesos.

4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property stolen is over 50 pesos but does not 200 pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.

6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.

7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provisions of any of the five preceding subdivision shall be made applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty or earning a livelihood for the support of himself or his family.

24 ART. 310. Qualified theft. The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of a plantation, fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance. (As amended by CA No. 417; RA 120; and BP Blg. 71, May 1, 1980.)

25 People vs. Martinada, G. R. Nos. 66401-03, 194 SCRA 36, 46-47 (1991); People vs. Macatanda, G.R. No. L-51368, 109 SCRA 35, 40 (1991).

26 SEC. 8. Penal provisions. Any person convicted of cattle rustling as herein defined shall, irrespective of the value of the large cattle involved, be punished by prision mayor in its maximum period to reclusion temporal in its medium period if the offense is committed without violence against or intimidation of persons or force upon things. If the offense is committed with violence against or intimidation of persons or force upon things, the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed. If a person is seriously injured or killed as a result or on the occasion of the commission of cattle rustling, the penalty of reclusion perpetua to death shall be imposed.

When the offender is a government official or employee, he shall, in addition to the foregoing penalty, be disqualified from voting or being voted upon any election/referendum and from holding any public office or employment.

When the offender is an alien, he shall be deported immediately upon the completion of the service of his sentence without further proceedings.




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