GR 256022; (August, 2023) (Digest)
G.R. No. 256022, August 7, 2023
Pedro J. Amarille, Petitioner, v. People of the Philippines, Respondent.
FACTS
The instant case stemmed from an Information charging Pedro J. Amarille (Pedro) with qualified theft for allegedly taking 200 pieces of coconut fruits from the coconut plantation of the Heirs of Macario Jabines on or about November 4, 2011, in Maribojoc, Bohol. The subject land was registered under Macario Jabines. Pedro requested Daniel Albaran to climb and harvest coconuts from the property. Daniel initially hesitated, knowing the land belonged to Macario, but proceeded after Pedro assured him he would answer any complaints. The heirs reported the incident. During a barangay settlement, Pedro admitted gathering the coconuts and turning them into copra but claimed the land was owned by his grandfather. He agreed to deposit the copra at the barangay hall but instead sold it. The Regional Trial Court (RTC) found Pedro guilty of qualified theft. The Court of Appeals (CA) affirmed the RTC’s decision with modification on the penalty. Pedro filed a Petition for Review on Certiorari.
ISSUE
Whether Pedro J. Amarille is guilty beyond reasonable doubt of qualified theft.
RULING
The Petition is GRANTED. The Supreme Court reversed the CA Decision and acquitted Pedro J. Amarille. The Court held that the prosecution failed to establish the element of intent to gain (animus furandi) beyond reasonable doubt. While the taking of the coconuts from another’s property was established, Pedro’s claim of ownership over the land, based on his grandfather’s possession, negated the presence of criminal intent. His overt acts—specifically, his insistence on ownership during the barangay hearing and his subsequent sale of the copra—were consistent with a claim of right and not indicative of a felonious intent to gain at the expense of another. Since qualified theft is a crime mala in se requiring criminal intent, and such intent was not proven, Pedro’s conviction cannot stand. The Court ordered his immediate release unless detained for another lawful cause.