G.R. No. L-46428; April 13, 1939
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IRINEO TUMLOS, defendant-appellant.

FACTS

The defendant, Irineo Tumlos, was charged with qualified theft for stealing five cows belonging to Ambrosio Pecasis on November 21, 1937. Prior to this case, he had already been convicted under a separate information for stealing eight cows belonging to Maximiano Sobrevega on the same date and from the same location (barrio of Libong-cogon, Sara, Iloilo). The thirteen cows (eight from Sobrevega and five from Pecasis) were grazing together when taken. The defendant interposed the defense of autrefois convict or double jeopardy, arguing that his prior conviction barred this subsequent prosecution.

ISSUE

Whether the conviction for the theft of the eight cows bars the prosecution for the theft of the five cows under the constitutional protection against double jeopardy.

RULING

Yes. The Supreme Court acquitted the defendant and dismissed the case. The theft of the thirteen cows constituted a single criminal act. The taking occurred at the same time and place, with a single criminal intent to appropriate all the cows found grazing together. The offense is not divisible merely because the cows belonged to two different owners. Since the defendant had already been tried and convicted for the theft of the eight cows, which was part of the same integral act covering all thirteen cows, prosecuting him again for the theft of the remaining five would place him in double jeopardy. Therefore, the subsequent conviction is barred.

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