G.R. No. 45765 ; January 29, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SYOU HU, defendant-appellant.

FACTS

The accused, Syou Hu, was convicted of qualified theft for taking ₱435 from Tiu Deit on August 16, 1937. The theft occurred while the accused was living in the house of the offended party, who had sheltered him out of charity. The trial court sentenced him to an indeterminate penalty of 1 year, 8 months, and 21 days to 4 years and 2 months of prision correccional.

ISSUE

1. Whether the trial court erred in holding the crime to be qualified theft.
2. Whether the trial court erred in imposing the indeterminate penalty.

RULING

1. The crime is qualified theft. The accused gravely abused the confidence reposed in him by his benefactor, who sheltered him out of charity. This circumstance qualifies the theft under Article 310 of the Revised Penal Code. The abuse of confidence need not be premeditated; its presence during the commission of the crime is sufficient to qualify it.
2. The penalty imposed is proper, but modified. The court affirmed that the crime is qualified theft. The indeterminate penalty was modified by adding one day to the maximum term, making it 1 year, 8 months, and 21 days to 4 years, 2 months, and 1 day of prision correccional, to align with the maximum period prescribed by law. The appealed judgment was affirmed with this modification.

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