G.R. No. 10720; September 28, 1915
THE UNITED STATES, plaintiff-appellee, vs. FRANCISCO MAUHAY, defendant-appellant.

FACTS:
Before daybreak on November 12, 1913, a mare belonging to Catalino Beleno was stolen from near his house in Rosario, Batangas. Beleno valued the mare at P150 and possessed a certificate of ownership (Exhibit A) issued to the previous vendor. After three months, the Constabulary found the mare in the possession of Martin Alarcon in Novaliches, Rizal. Alarcon testified that he purchased the mare from Felipe Abrenica and the accused, Francisco Mauhay, for P150, and was given documents (Exhibits D and E) as certificates of ownership and a receipt (Exhibit F). Investigation revealed that Mauhay had previously given the mare to Abrenica as security for an unpaid balance on a horse Mauhay had bought from him. Mauhay and Abrenica then conspired to sell the mare to Alarcon. The brand on the mare matched the one in Beleno’s certificate, and the local chief of police identified the animal as Beleno’s. The accused denied the theft, claiming he merely facilitated the sale and that Abrenica received the payment. However, handwriting comparison showed the receipt (Exhibit F) was written by Mauhay.

ISSUE:
Whether the accused, Francisco Mauhay, is guilty of the crime of theft of large cattle.

RULING:
Yes, the accused is guilty of theft of large cattle. The Court found that the evidence conclusively established that Mauhay fraudulently took Beleno’s mare, delivered it to Abrenica as security using spurious documents, and later conspired with Abrenica to sell it to Alarcon. His possession of the stolen property, coupled with his failure to offer a credible explanation for how he obtained it, gave rise to the presumption that he was the principal thief. The crime is classified as theft of large cattle under Article 518, No. 3, in relation to Article 520 of the Penal Code, as amended by Act No. 2030. The aggravating circumstance of nocturnity was present, as the theft was committed under cover of darkness to ensure its success, with no mitigating circumstance to offset it. Therefore, the penalty must be imposed in its maximum degree. The trial court’s judgment was affirmed with modification: the accused is sentenced to six years and one day of presidio mayor, with the corresponding accessories, to pay P150 to Martin Alarcon (without subsidiary imprisonment in case of insolvency), and to pay the costs. Alarcon was ordered to return the mare to its rightful owner, Catalino Beleno.