GR 45973; (May, 1938) (Digest)
G.R. No. 45973 ; May 27, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EUSTAQUIO FLORES, defendant-appellant.
FACTS
The appellant, Eustaquio Flores, was charged with qualified theft for stealing jewels valued at P220 belonging to Luisa Magbituin. He pleaded guilty upon arraignment. The information alleged that the theft was qualified by grave abuse of confidence because Flores was living in the house of the owner and receiving his daily subsistence from her at the time of the crime.
ISSUE
Whether the allegation and circumstances constitute qualified theft under Article 310 of the Revised Penal Code, or merely simple theft.
RULING
The Supreme Court affirmed the conviction for qualified theft. The Court held that the circumstance of living in the victim’s house and receiving daily subsistence out of charity constitutes grave abuse of confidence, which qualifies the crime of theft. This abuse of confidence need not be premeditated; its presence during the commission of the crime is sufficient. The penalty imposed by the trial court—an indeterminate sentence of one year, eight months, and twenty days to four years, two months, and one day of prision correccional—was correct, considering the value of the stolen property and the mitigating circumstance of a plea of guilty.
AI Generated by Armztrong.