G.R. No. 31409 , November 11, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. TOMAS TAPEL Y VARGAS

FACTS

The defendant-appellant, Tomas Tapel y Vargas, was convicted by the Court of First Instance of Manila for the crime of qualified theft under Article 520, paragraph 3 of the Penal Code. The prosecution’s evidence established that Apolonia Hernandez, a store owner situated opposite the victim’s store, witnessed Tapel take a bolt of silk valued at P26, wrap it in newspaper, place it under his arm, and hurriedly leave the store. He was subsequently caught by Daniel Joson, at which point he dropped the bundle. The trial court sentenced Tapel to presidio correccional for two years, four months, and one day, plus an additional ten-year imprisonment under Act No. 3397 (the Habitual Delinquency Law), along with accessory penalties, costs, and an order to return the stolen property.

ISSUE

Whether the testimony of the prosecution witnesses is sufficient to prove the guilt of the accused beyond reasonable doubt, and whether the imposition of the additional penalty for habitual delinquency under Act No. 3397 is proper.

RULING

Yes, on both counts. The Supreme Court affirmed the trial court’s judgment. The testimony of eyewitness Apolonia Hernandez was clear and conclusive, leaving no doubt that Tapel committed the theft. Her account was corroborated by Daniel Joson, who caught Tapel with the stolen silk. Tapel’s defensethat another person dropped the silkwas deemed untenable against this direct evidence.

Furthermore, the Court upheld the imposition of the additional ten-year penalty under Act No. 3397 . The record showed that Tapel was a recidivist, having been previously convicted four times for qualified theft. Since the present crime was committed within ten years from his last conviction on November 12, 1924, he was correctly classified as a habitual delinquent subject to the additional penalty. The appealed judgment was affirmed in its entirety.