143 who are llable for LhefL

eople v 8ago
Iacts
1 8L?nALuC 8ACC was an employee of Azkcon MeLal lndusLrles
2 Pe sLarLed worklng as a facLory worker and laLer became a machlne operaLor and a Lruck helper
3 When Lhe crlme was commlLLed he ls a Leam leader aL Lhe cuLLlng deparLmenL under Lhe supervlslon of MaLerlal CompLroller
WlLLlAM PlLC who kepL Lrack of all Lhe maLerlals comlng ln and golng ouL of Lhe company's planL ln kalookan ClLy2
4 Azkcon has a buslness arrangemenL wlLh ower ConsLrucLlon Supply Company
3 ower ConsLrucLlon supplles cold rolled sheeLs Lo Azkcon
6 Cn Aprll 21 1992 8ago wenL Lo ower ConsLrucLlon and loaded Lwo cold rolled sheeLs ln a Lruck owned by Azkcon
7 8efore enLerlng Lhe premlses of Azkcon appellanL presenLed Lo securlLy guard 8u8Ln uL LA C8uZ MAnAnCAn Lwo recelpLsboLh
daLed Aprll 21 1992 coverlng Lhe cold rolled sheeLs from ower ConsLrucLlon
8 Manangan lnspecLed Lhe conLenLs of Lhe Lruck As everyLhlng was accounLed for Manangan sLamped on Lhe Lwo recelpLs coverlng
Lhe maLerlals
9 8ACC Lhen presenLed a Lhlrd recelpL daLed March 23 1992 for sLamplng
10 Manangan llkewlse sLamped Lhe Lhlrd recelpL As Lhe Lhlrd recelpL bore a dlfferenL daLe Manangan asked appellanL lf Lhe maLerlals
covered by sald recelpL were ln Lhe Lruck AppellanL replled LhaL Lhe maLerlals had long been dellvered
11 Manangan dld noL lnvesLlgaLe furLher buL laLer reporLed Lhe lncldenL Lo Lhe Chlef of SecurlLy ueparLmenL AlLC8 CnC
12 upon recelpL of Lhe reporL Pllo dlscreeLly conducLed a more lndepLh lnvesLlgaLlon Pe found ouL LhaL Lhe maLerlals covered by Lhe
Lhlrd recelpL worLh 19200000 were noL dellvered Lo Azkcon
13 1he Lruck used Lo geL Lhe maLerlals on Lhe 3rd recelpL dld noL belong Lo Azkcon buL already pald by Azarcon
14 A pollce Leam led by SC3 ALl8LuC ALlA8C lnvesLlgaLed appellanL aL Azkcon
Pe dlsclosed LhaL hls cohorLs on May 23 1992 were A8MAnuC CAA8AS and 8CuCLlC CnCSLCC former employees of Azkcon Pe
revealed LhaL Lhey usually loaded Lhe sLolen maLerlals ln a Lruck renLed by Caparas and Cngseco Pe recelved 10000 Lo 33000 for hls
parLlclpaLlon ln Lhe dlfferenL LhefLs
lssue Issue ls lL correcL Lo charged 8ago Lhe crlme of quallfled LhefL based on Lhe clrcumsLanLlal evldence?
ne|d ?es
ku||ng
1 Clearly all Lhe elemenLs of LhefL were esLabllshed Lo wlL
a (1) Lhere was a Laklng of personal properLy
b (2) Lhe properLy belongs Lo anoLher
c (3) Lhe Laklng was wlLhouL Lhe consenL of Lhe owner
d (4) Lhe Laklng was done wlLh lnLenL Lo galn and
e (3) Lhe Laklng was accompllshed wlLhouL vlolence or lnLlmldaLlon agalnsL Lhe person or force upon Lhlngs
f As Lhe LhefL was commlLLed wlLh grave abuse of confldence appellanL ls gullLy of quallfled LhefL

2 Accused 8ago ls a LrusLed employee of Azkcon and deLalled wlLh ower ConsLrucLlon Supply Company ln charge of Lhe CuLLlng
ueparLmenL and LhaL as such he was auLhorlzed by Mr Wllllam Pllo ConLroller Manager of Azkcon Lo pull ouL from Lhe ower
ConsLrucLlon Supply Lhe cuL maLerlals and Lo dellver Lhe same Lo Azkcon
3 Lhere were Lhree (3) recelpLs whlch came ln buL only Lwo maLerlals were dellvered lnslde Lhe company compound 1he maLerlals
covered by Lhe Lwo (2) recelpLs were dellvered buL Lhe maLerlals covered by Lhe Lhlrd recelpL were noL

CorrecLness of enalLy for quallfled LhefL
4 1he 8C meanL Lo say LhaL when Lhe penalLy for quallfled LhefL ls 2 degrees hlgher Lhan LhaL speclfled under ArLlcle 309 Lhe
[udgmenL provlde LhaL convlcL should noL be glven Lhe beneflL of Lhe provlslons of ArLlcle 27 unLll 40 years have lapsed oLher wlse
Lhere could be no dlsLlncLlon beLween recluslon perpeLua when lmposed as a penalLy nexL hlgher ln degree and when lL ls lmposed
as a penalLy flxed by law

ArL 27 8ecluslon perpeLua Any person senLenced Lo any of Lhe perpeLual penalLles shall be pardoned afLer undergolng Lhe penalLy
for LhlrLy years unless such person by reason of hls conducL or some oLher serlous cause shall be consldered by Lhe Chlef LxecuLlve as
unworLhy of pardon

CLher slde lssue Lhe rellablllLy of Lhe recelpL
3 1he accused assalls LhaL Lhe 3rd recelpL ls Lhe besL evldence and be glven more credence Lhan Manangan's LesLlmony (guard)
6 CourL held LhaL 8ago can noL rely on Lhe besL evldence rules 8ule can noL be lnvoked unless Lhe conLenL of Lhe wrlLlng ls Lhe sub[ecL
of [udlclary lnqulry
ln Lhls case no secondary evldence ls offered Lo prove Lhe conLenL of Lhe documenL