VI.

Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Municipality of Baler, Aurora

PINAY PAY,
Complainant,
FOR: QUALIFIED THEF
-versus- (Art. 310), Revised Penal Code)

JUAN PETERS and TINIO PETERS,

Respondents.

x--------------------------------------------------x

RESOLUTION

The Respondents, JUAN PETERS and TINIO PETERS were charged of the crime of
QUALIFIED THEFT in a complaint filed by PINAY PAY.

In support of her complaint, the herein complainant attached the following documents:
1. Affidavit of Oliver Michael; and
2. Affidavit of Camillo Gallileo.

Statement of Facts

Based on the investigation conducted by the Police Investigator, PO2 JERRY CHAN, the
facts of the case are stated hereunder:

That on or about the 24th day of October 2017, at around 04:45 in the
afternoon in San Luis, Aurora, Philippines, the respondents conniving and
confederating, and helping one another, did then and there wilfully, unlawfully
and feloniously, and with intent to gain, take, steal and carry away 5 sacks of
corn, valued at P3,250.00 without the knowledge and consent of the owners
thereof;

That at the time the respondent Juan Peters committed the offense, he was
then the tenant of the complainant and the corn stolen was the January-September
2017 harvest of the land he was tilling for the complainant and that the taking,
stealing, and carrying away of the said property was done with serious breach of
the confidence reposed on him by his employers, which fact was known to his co-
respondent Tinio Peters who aided, abetted, and urged the said taking for their
mutual gain and benefit, and to the damage and prejudice of the undersigned
complainants in the amount of P3,250.00.

In the affidavit of witnesses Oliver Michael, he stated that on October 24, 2017, at around
04:26 in the afternoon, he saw respondent Juan carrying a sack which was being loaded in his
tricycle. He affirmatively identified the person to be Juan because they were neighbor’s. From
the appearance of what whas Juan loading, the Michael was quite certain that it was
complainant's corn.

In the affidavit of Camillo Gallileo, he averred that he saw respondent Tinio Peters
talking with Juan Peters on October 23, 2017 or before the stealing was done. Gallileo and Tinio
Peters were neighbor’s. On October 25, 2017, Gallileo noticed five (5) sacks of rice lined up in
front of Tinio Peter's house.

As for the respondents, in their counter-affidavits, they vehemently denied the

accusations against them. They pointed out that there is a misunderstanding between them and
the complainant. Respondent Tinio Peters averred that he was the owner of the land where the
corn crops was harvested. This was proven by the Deed of Sale executed by him and
complainant's spouse, Noynoy Pay on March 15, 2016. Complainant and respondent has the
same corn plantation but the same was partitioned by virtue of the sale made by complainant's
spouse and of Tinio. He also presented as proof of ownership, Tax Declarations 1409 and 1520.

In regards to Juan Peters, he averrred that he was the tenant of the complainant for about
two (2) years. He stated that he was the laborer of Tinio wherein he was tasked to harvest corn
from Tinio's land. He averred that the complainant and Tinio has misunderstanding because they
have the same corn plantation. Moreover, he was demanded by the complainant to pay the rentals
since he was unable to pay for two (2) months.

Analyses/ Findings and Recommendations

The elements of the crime of theft as provided for in Article 308 of the Revised Penal
Code are as follows: (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 becomes qualified when any of the following circumstances under Article 310 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 fishpond 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.

The crime charged against petitioner is theft qualified by grave abuse of confidence. In
this mode of qualified theft, this Court has stated that the following elements must be satisfied
before the accused may be convicted of the crime charged:

1. Taking of personal property;

2. That the said property belongs to another;

3. That the said taking be done with intent to gain;

4. That it be done without the owner’s consent;

5. That it be accomplished without the use of violence or intimidation against persons,

nor of force upon things; and

6. That it be done with grave abuse of confidence. (People v. Puig, G.R. Nos.
173654-765, August 28, 2008, 563 SCRA 564)

The facts of the case before us does not fall under the crime of Qualified Theft.
Respondent Tinio has satisfactorily proved that he is the owner of the land where the corn was
harvested. The deed of sale executed by Tinio and Noynoy, together with the Tax Declations is a
substantioal proof that Tinio was in fact the owner of the corn. Juan, on the other hand, merely
acted as the laborer of Tinio because he believed that the same was owned by the latter. Hence,
there being no personal property was taken from the complainant, this complaint should be
dismissed for lack of merit.

WHEREFORE, IN VIEW OF THE FOREGOING, it is most respectfully

recommended that the complaint of Pinay Pay be dismissed for lack of merit.

Municipality of Baler, November 14, 2017.

PILOT Y. TITUS
Assistant City Prosecutor
APPROVED BY:

ASPEN G. TEK
Chief City Prosecutor

Copy Furnished:

(1) Juan Peters- Brgy. Dibut, Baler, Aurora

(2) Tinio Peters- Brgy. Dibut, Baler, Aurora