G.R. No. 1986 : March 13, 1905
THE UNITED STATES, complainant-appellee, vs. JUAN GATMAITAN, defendant-appellant.

FACTS:
In September 1903, the defendant, Juan Gatmaitan, took two carabaos valued at 280 pesos from the corral of Prudencio Soriano with the intent to profit thereby. The trial court found Gatmaitan guilty of theft under subsection 2 of Article 518 of the Penal Code, considering the aggravating circumstance of nocturnity, and sentenced him to two years, eleven months, and eleven days of presidio correccional. On appeal, the defense argued that the complaint was insufficient for failing to allege lack of owner’s consent and that the prosecution failed to prove the taking was against the owner’s will.

ISSUE:
Whether the complaint sufficiently alleged the crime of theft and whether the prosecution proved the taking was without the owner’s consent.

RULING:
The Supreme Court affirmed the conviction. The complaint’s use of the word “substracted” inherently implies taking without the owner’s knowledge or consent, satisfying the requirement under Section 6 of General Orders No. 58 that a complaint need not use the exact statutory language if it conveys the offense clearly. Regarding proof, the owner’s testimony that the carabaos were “stolen” by the defendant unequivocally established lack of consent, as theft by definition involves taking against the will of the owner. The trial court correctly applied the law and considered nocturnity as an aggravating circumstance. The appealed judgment was affirmed with costs against the appellant.