G.R. No. 30360 , July 24, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. FAUSTINO SOBREVILLA

FACTS

Faustino Sobreviilla was convicted of theft by the Court of First Instance of Occidental Negros for stealing a pocketbook containing ₱12 from Mariano de Oca on April 8, 1923. The theft occurred in a crowd in front of a public market. De Oca felt the theft, caught Sobreviilla, recovered his pocketbook, and released him, but Sobreviilla was later apprehended by a policeman. The trial court sentenced him to 4 months and 1 day of arresto mayor for the theft and, considering him a recidivist under Act No. 3397 , imposed an additional penalty of 18 years’ imprisonment. The information alleged that Sobreviilla had been previously convicted four times for theft in 1919.

ISSUE

1. Whether the crime committed was consummated theft or merely frustrated theft.
2. Whether the trial court correctly applied Act No. 3397 (habitual delinquency law) based on the allegations in the information.

RULING

1. The crime was consummated theft. The Supreme Court held that Sobreviilla successfully took the pocketbook, which constituted consummated theft under Article 517, paragraph 1, in relation to Article 520, paragraph 3, of the Penal Code. The subsequent recovery of the pocketbook did not negate the consummation of the crime. The proper penalty for qualified theft of an amount over 25 but less than 250 pesetas, with no modifying circumstances, was presidio correccional in its medium degree2 years, 4 months, and 1 day.

2. Act No. 3397 was correctly applied. The Court rejected the Attorney-General’s argument that the information was insufficient to apply Act No. 3397 . The information alleged that Sobreviilla had four prior theft convictions (the last on September 26, 1919) and that the current theft was committed on April 8, 1923within 10 years of his last conviction, as required by the Act. This satisfied the allegations needed for habitual delinquency under Section 1(c) of Act No. 3397 . The Court distinguished this case from People v. Nayco, where the information lacked an allegation that the crime was committed within 5 years of serving the last sentence under the earlier Act No. 3062 . Here, the information contained all necessary allegations under Act No. 3397 .

DISPOSITIVE PORTION:
Sobreviilla was convicted of qualified theft and sentenced to 2 years, 4 months, and 1 day of presidio correccional. As a habitual delinquent under Act No. 3397 , he was additionally sentenced to 16 years’ imprisonment. Costs were imposed.