GR 48457; (December, 1941) (Digest)
G.R. No. 48457 , December 13, 1941
EL PUEBLO DE FILIPINAS, plaintiff and appellee, vs. ESTEBAN MAGDOWA y ALBERTO BATERZAL, accused and appellants.
FACTS
The accused, Esteban Magdowa and Alberto Baterzal, were charged with qualified theft. They pleaded guilty to the information. The information alleged that on or about June 28, 1941, in Manila, the accused, being trusted prisoners of the Bureau of Prisons in charge of cleaning the detention cell of the South District Police Station and having access to its different rooms, conspired to take, steal, and carry away personal property (cash and papers totaling P98.05) belonging to a detention prisoner, Tomoiche Tanaka, with intent of gain, grave abuse of confidence, and without the owner’s consent. The information also alleged that the accused were recidivists, having been previously convicted of theft, estafa, and robbery, respectively. The trial court convicted them and sentenced each to an indeterminate penalty of 6 months of arresto mayor to 4 years, 2 months, and 1 day of prision correccional, plus restitution and costs.
ISSUE
Whether the crime committed was qualified theft or simple theft.
RULING
The Supreme Court ruled that the crime committed was simple theft, not qualified theft. The Court held that the title of the information does not qualify or define the crime; it is the facts alleged therein that determine its nature. The allegation that the accused were “trusted prisoners” with cleaning duties and access to the detention cell did not, in the Court’s judgment, establish a relation of confidence between the victim and the appellants as required for qualified theft. Following the recommendation of the Solicitor General, the Court modified the penalty. The crime falls under Article 309, paragraph 4, of the Revised Penal Code, punishable by arresto mayor in its medium period to prision correccional in its minimum period. Applying Article 160 of the same Code due to recidivism, the penalty must be imposed in its maximum degree. With no mitigating circumstance other than the plea of guilty (which is offset by the aggravating circumstance of recidivism), the Court sentenced each accused to an indeterminate penalty of 2 months to 2 years, and to pay the costs.