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People v.

Luisito Bustinera
G. R. No. 148233. June 8, 2004
FACTS: ESC Transport hired Luisito Bustinera as a taxi driver. It was agreed that appellant would drive
the taxi from 6:00 a.m. to 11:00 p.m., after which he would return it to ESC Transport's garage and
remit the boundary fee in the amount of P780.00 per day. On December 25,1996, appellant admittedly
reported for work and drove the taxi, but he did not return it on the same day as he was supposed to.
The owner of ESC reported the taxi stolen. On January 9, 1997, Bustinera's wife went to ESC Transport
and revealed that the taxi had been abandoned. ESC was able to recovered. The trial court found him
guilty beyond reasonable doubt of qualified theft.
HELD: Bustinera was convicted of qualified theft under Article 310 of the Revised Penal Code, as
amended for the unlawful taking of a motor vehicle. However, Article 310 has been modified, with
respect to certain vehicles, by Republic Act No. 6539, as amended, otherwise known as "AN ACT
PREVENTING AND PENALIZING CARNAPPING. "When statutes are in pari materia or when they relate to
the same person or thing, or to the same class of persons or things, or cover the same specific or
particular subject matter, or have the same purpose or object, the rule dictates that they should be
construed together. The elements of the crime of theft as provided for in Article 308 of the Revised
Penal Code are: (1) that there be taking of personal property; (2) that said property belongs to another;
(3) that the taking be done with intent to gain; (4) that the taking be done without the consent of the
owner; and (5) that the taking be accomplished without the use of violence against or intimidation of
persons or force upon things. Theft is qualified when any of the following circumstances is present: (1)
the theft is committed by a domestic servant; (2) the theft is committed with grave abuse of
confidence; (3) the property stolen is either a motor vehicle, mail matter or large cattle; (4) the
property stolen consists of coconuts taken from the premises of a plantation; (5) the property stolen is
fish taken from a fish pond or fishery; and (6) the property was taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.
On the other hand, Section 2 of Republic Act No.6539, as amended defines "car napping" as "the
taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or by using force upon things." The elements of
car napping are thus: (1) the taking of a motor vehicle which belongs to another; (2) the taking is
without the consent of the owner or by means of violence against or intimidation of persons or by
using force upon things; and (3) the taking is done with intent to gain. Car napping is essentially the
robbery or theft of a motorized vehicle, the concept of unlawful taking in theft, robbery and car
napping being the same. From the foregoing, since appellant is being accused of the unlawful taking of
a Daewoo sedan, it is the anti-car napping law and not the provisions of qualified theft which would