G.R. No. L-2204 December 15, 1948
EL PUEBLO DE FILIPINAS vs. JOSE DE LA CRUZ Y AMALDA

FACTS

The accused, Jose de la Cruz y Amalda, pleaded guilty to an information charging him with qualified theft. The information alleged that on or about February 17, 1948, in Manila, he committed theft with grave abuse of confidence, he being at the time a “housemate” of the offended parties and as such had free access to their property. The trial court convicted him of qualified theft under Article 310 of the Revised Penal Code and imposed an indeterminate penalty. The accused appealed, arguing through his counsel that the crime committed was only simple theft, not qualified theft.

ISSUE

Whether the allegation and admission that the accused was a “housemate” of the offended parties constitute grave abuse of confidence sufficient to qualify the theft under Article 310 of the Revised Penal Code.

RULING

No. The Supreme Court ruled in favor of the appellant. The mere allegation that the accused and the offended parties were housemates does not qualify the theft. While being a housemate may involve some abuse of confidence, it does not necessarily constitute the grave abuse of confidence required by the Penal Code to aggravate the offense. The grave abuse must originate from special relations of intimacy and confidence, such as those arising from dependence, guardianship, or vigilance. The information contained only a conclusion of law regarding grave abuse, without factual allegations of such special relations. Therefore, the crime committed is simple theft, not qualified theft. The appealed decision was modified, and the appellant was sentenced for simple theft.

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