740 PHIL. 200
CARPIO, J.:
Criminal Case No. 03-2178 P200,000.00 Criminal Case No. 03-2179 P250,000.00 Criminal Case No. 03-2180 P200,000.00 Criminal Case No. 03-2181 P 55,000.00 Criminal Case No. 03-2182 P 55,000.00 Criminal Case No. 03-2183 P 85,000.00 Criminal Case No. 03-2184 P350,000.00 Criminal Case No. 03-2185 P250,000.00 Criminal Case No. 03-2186 P 20,000.00 Criminal Case No. 03-2187 P250,000.00 Criminal Case No. 03-2188 P 60,000.00 Criminal Case No. 03-2189 P150,000.00 Criminal Case No. 03-2190 P 50,000.00 Criminal Case No. 03-2191 P 46,300.00 Criminal Case No. 03-2192 P205,000.00 Criminal Case No. 03-2193 P200,000.00 Criminal Case No. 03-2194 P 25,000.00 Criminal Case No. 03-2195 P500,000.00 Criminal Case No. 03-2196 P500,000.00 Criminal Case No. 03-2197 P 30,000.00 Criminal Case No. 03-2198 P400,000.00 Criminal Case No. 03-2199 P300,000.00 Criminal Case No. 03-2200 P500,000.00 Criminal Case No. 03-2201 P 65,000.00 Criminal Case No. 03-2202 P 47,000.00 Criminal Case No. 03-2203 P500,000.00 Criminal Case No. 03-2204 P 40,000.00 Criminal Case No. 03-2205 P400,000.00 Criminal Case No. 03-2206 P 35,000.00 Criminal Case No. 03-2207 P500,000.00
That for purposes of efficient and speedy administration of these cases, the parties herein agreed, during the pre-trial conference and approved by the Honorable Court, that the actual trial and presentation of evidence will be done only on the first three (3) counts of the cases, i.e., on Cases Numbers 03-2178 to 03-2180, with the understanding and agreement that after the termination of the hearing on said three (3) cases, the parties shall adopt the results thereof in the remaining twenty-seven (27) counts, considering that all the cases arose from similar transactions with the same methods or modus operandi used in committing the crime charged, and involving the same accused and the same offended party[.][4]
WHEREFORE, in view of all the foregoing, this Court hereby finds Trinidad Cahlig guilty beyond reasonable doubt of the crime of qualified theft in each of the informations, and sentences her to suffer the penalty of:
1. In Criminal Case No. 03-2178, reclusion perpetua and to indemnify the private complainant in the amount of P200,000.00;
2. In Criminal Case No. 03-2179, reclusion perpetua and to indemnify the private complainant in the amount of P250,000.00;
3. In Criminal Case No. 03-2180, reclusion perpetua and to indemnify the private complainant in the amount of P200,000.00;
4. In Criminal Case No. 03-2181, reclusion perpetua and to indemnify the private complainant in the amount of P55,000.00;
5. In Criminal Case No. 03-2182, reclusion perpetua and to indemnify the private complainant in the amount of P55,000.00;
6. In Criminal Case No. 03-2183, reclusion perpetua and to indemnify the private complainant in the amount of P85,000.00;
7. In Criminal Case No. 03-2184, reclusion perpetua and to indemnify the private complainant in the amount of P350,000.00;
8. In Criminal Case No. 03-2185, reclusion perpetua and to indemnify the private complainant in the amount of P250,000.00;
9. In Criminal Case No. 03-2186, ten (10) years and one (1) days (sic) as minimum to twenty (20) years as maximum and to indemnify the private complainant in the amount of P20,000.00;
10. In Criminal Case No. 03-2187, reclusion perpetua and to indemnify the private complainant in the amount of P250,000.00;
11. In Criminal Case No. 03-2188, reclusion perpetua and to indemnify the private complainant in the amount of P60,000.00;
12. In Criminal Case No. 03-2189, reclusion perpetua and to indemnify the private complainant in the amount of P150,000.00;
13. In Criminal Case No. 03-2190, reclusion perpetua and to indemnify the private complainant in the amount of P50,000.00;
14. In Criminal Case No. 03-2191, ten (10) years and one (1) day as minimum to twenty (20) years as maximum and to indemnify the private complainant in the amount of P4[6],300.00;
15. In Criminal Case No. 03-2192, reclusion perpetua and to indemnify the private complainant in the amount of P205,000.00;
16. In Criminal Case No. 03-2193, reclusion perpetua and to indemnify the private complainant in the amount of P200,000.00;
17. In Criminal Case No. 03-2194, ten (10) years and one (1) day as minimum to twenty (20) years as maximum and to indemnify the
21. In Criminal Case No. 03-2198, reclusion perpetua and to indemnify the private complainant in the amount of P400,000.00;
22. In Criminal Case No. 03-2199, reclusion perpetua and to indemnify the private complainant in the amount of P300,000.00;
23. In Criminal Case No. 03-2200, reclusion perpetua and to indemnify the private complainant in the amount of P500,000.00;
24. In Criminal Case No. 03-2201, reclusion perpetua and to indemnify the private complainant in the amount of P65,000.00;
25. In Criminal Case No. 03-2202, reclusion perpetua and to indemnify the private complainant in the amount of P47,000.00;
26. In Criminal Case No. 03-2203, reclusion perpetua and to indemnify the private complainant in the amount of P500,000.00;
27. In Criminal Case No. 03-2204, ten (10) years and one (1) day as minimum to twenty (20) years as maximum and to indemnify the private complainant in the amount of P40,000.00;
28. In Criminal Case No. 03-2205, reclusion perpetua and to indemnify the private complainant in the amount of P400,000.00;
29. In Criminal Case No. 03-2206, ten (10) years and one (1) day as minimum to twenty (20) years as maximum and to indemnify the private complainant in the amount of P35,000.00;
30. In Criminal Case No. 03-2207, reclusion perpetua and to indemnify the private complainant in the amount of P500,000.00.
x x x First, there was taking of personal property, when accused- appellant took the proceeds of the WPESLAI checks issued in her name as cashier of the association which are supposed to be redeposited to another account of WPESLAI. Second, the property belongs to another, since the funds undisputably belong to WPESLAI. Third, the taking was done without the consent of the owner, which is obvious because accused- appellant created a ruse showing that the funds were credited to another account but were actually withdrawn from her own personal account. Fourth, the taking was done with intent to gain, as accused-appellant, for her personal benefit, took the funds by means of a modus operandi that made it appear through the entries in the ledgers that all withdrawals and deposits were made in the normal course of business and with the approval of WPESLAI. Fifth, the taking was accomplished without violence or intimidation against the person [or] force upon things. And finally, the acts were committed with grave abuse of confidence considering that her position as cashier permeates trust and confidence.[7]
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 articles, 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.
Art. 308. Who are liable for theft. - Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or objects of the damage caused by him; and
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.
- Taking of personal property;
- That the said property belongs to another;
- That the said taking be done with intent to gain;
- That it be done without the owner’s consent;
- That it be accomplished without the use of violence or intimidation against persons, nor of force upon things;
- That it be done with grave abuse of confidence.[8]
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 exceeds 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.
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