SORIANO Vs PEOPLE
G.R. No.: L-3008 March 19, 1951
Facts:
Federico Soriano, the petitioner, was granted power-of-attorney by Emilia Saenz, the creditor, as substitute administrator of rents and lease of the Eagle Cinema Co., Inc., The Company was later on indebted to the creditor because of the rents due on account of lease during the disturbance of war. In this instance, the disputed properties of the Eagle Cinema Co., Inc., in the building were lost, and that the lantern slide projector and the "Cyclix" motor generator have been found in the house and in the possession of the appellant after having repeatedly denied any knowledge of the equipment and accessories of the Cine and declined any responsibility for their loss saying that it has been taken by the Japanese.
Federico Soriano was charged on August 22, 1945, with the crime of theft. After trial he was convicted beyond reasonable doubt. Soriano then filed a petition of certiorari to the highest court.
Issue:
Whether or Not the petitioner is liable of theft
Ruling:
Yes, because under art. 308 “Theft is committed by any person who, with intent of gain but without violence, against, or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.” It is clear that when the petitioner carried away, concealed, and repeatedly lies from the owner and the police authorities the possession of the alleged lost properties, he acted with intent of gain. Thus, the petition on certiorari was denied.
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