G.R. No. 30859 , November 25, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. JUAN CARPIO

FACTS

The appellant, Juan Carpio, was charged with the larceny of a “Star” automobile valued at P1,750. The evidence established that on March 10, 1928, Raymundo Silos hired the automobile from the Santa Cruz Garage, driven by chauffeur Resurreccion Ledesma. Carpio, accompanied by Serapio Feliciano, followed them in another car. After Silos and Ledesma entered a restaurant, the hired automobile was stolen. The next day, the car was found abandoned, stripped of three tires. These tires were later discovered mounted on the car driven by Carpio, who admitted they belonged to the stolen vehicle. The trial court convicted Carpio only of stealing the three tires, sentencing him to four months and one day of arresto mayor. On appeal, the Second Division modified the conviction to larceny of the entire automobile, increasing the penalty to two years of presidio correccional. Carpio filed a motion for reconsideration, raising a legal issue for the Court en banc.

ISSUE

Whether the appellant should be convicted of larceny of the entire automobile or only of the three tires.

RULING

The Supreme Court en banc denied the motion for reconsideration and affirmed the modified judgment of the Second Division. The Court held that the crime of larceny was consummated with respect to the entire automobile, not merely the tires. The essential elements of larcenyfurtive taking and asportation of property with intent to gain (animo lucrandi) and to deprive the owner of possessionwere fully met when the automobile was stolen. The subsequent stripping of the tires and abandonment of the car did not limit criminal liability to the parts appropriated. The Court emphasized that appellate courts may modify judgments unfavorably to the accused when evidence warrants it. The value of the automobile exceeded P250, placing the offense under Article 518(3) of the Penal Code. With no aggravating or mitigating circumstances, the penalty was properly imposed in the medium degree of presidio correccional, set at two years.