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Wayne Jain was accused of stealing cane cars loaded with sugar cane belonging to Tomasa Bermejo, in conspiracy with a watchman, Andres Tresfuentes. The Court of Appeals initially upheld the theft conviction, but upon reconsideration, it was determined that Jain did not physically take the cane cars, leading to a conclusion that he committed estafa instead. The petition was granted, and the case was directed to be refiled for estafa and falsification of documents.

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54 views

Case Digest

Wayne Jain was accused of stealing cane cars loaded with sugar cane belonging to Tomasa Bermejo, in conspiracy with a watchman, Andres Tresfuentes. The Court of Appeals initially upheld the theft conviction, but upon reconsideration, it was determined that Jain did not physically take the cane cars, leading to a conclusion that he committed estafa instead. The petition was granted, and the case was directed to be refiled for estafa and falsification of documents.

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4rb2rjzdps
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We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

L-63129 September 28, 1984


WAYNE JAIN, petitioner, vs. THE INTERMEDIATE APPELLATE COURT and
PEOPLE OF THE PHILIPPINES, respondents.
FACTS:
That on or about and during and between the period from January 12, 1973 to May
28, 1973, at Honob Loading Station, Katingal-an City of San Carlos, Negros
Occidental, Philippines, and within the jurisdiction of this Honorable Court, the
abovenamed accused, conspiring together and helping one another, with intent of
gain, but without intimidation of person nor force upon things, did, then and there
willfully, unlawfully and feloniously, take, steal and carry away Nineteen (19) cane
cars loaded with sugar cane, valued at Eight Thousand Three Hundred Fifty One
Pesos and 55/100 (P8,351.55) Philippine Currency, representing the total Planter's
Share of said sugar cane milled, owned by and belonging to one TOMASA BERMEJO
and without the consent of the latter, to her damage and prejudice in the foretasted
sum of P8,351.55, That the crime of Qualified Theft is committed by the accused
Andres Tresfuentes in that the latter being employed as Watchman by Tomasa
Bermejo with the duty to issue tickets for every car loaded with canes committed it
with a grave abuse of confidence reposed on him by said Tomasa Bermejo and Theft
as to the accused Wayne Jain.
The modus operandi in committing the "thefts" has been described by the trial court
as follows:
Marquez testified that after the routine verification of the loading of the said cane
cars in the afternoon of the respective dates abovementioned, he found that these
cane cars were loaded with canes belonging to planter Tomasa Bermejo, which fact
he entered and annotated in his record folder.
However, after the loading of the said cane cars but before they were pulled by the
locomotive of the Central to the mill site, the accused Wayne Jain, who is also a
small planter of the San Carlos Milling district using the Honob Loading Station, in
conspiracy with the accused Andres Tresfuentes Bermejo's cane guard, withdrew the
said trainman's receipts were deposited after the loading and substituted them with
other trainman's receipts in the name of the accused Wayne Jain, thereby making it
appear that the said cane cars belonged to the accused Wayne Jain and not to the
real owner Tomasa Bermejo.
Andres Tresfuentes the watchman, was convicted as an accessory in the crime of
simple theft and was sentenced accordingly. He did not appeal.
In the Court of Appeals, the appellant, herein petitioner Wayne Jain, initially raised
questions of fact only. It was in his Motion for Reconsideration of the Court of
Appeals decision where he raised a legal question, namely:
Whether under the facts of the case (not those alleged in the information) he could
be convicted of theft?
He claimed and in this petition insists that he did not commit theft; that if at all the
crime which he committed is estafa; and that he cannot be convicted of estafa
either because it is not the crime which is charged in the two informations.
In support of his claim the petitioner says:
Petitioner did not, actually and/or physically, take, steal, and carry away cane cars
loaded with sugar cane, belonging to complainants, which are the subject matter of
the offense. And it is our position that the Crime of Theft cannot be committed
without the actual, physical taking of the chattel subject matter of the offense.
Issue: Whether or Not under the facts of the case (not those alleged in the
information) he could be convicted of theft?

Held:
The petition was granted, the judgment of the Court of Appeals was set said aside
and the Provincial Fiscal of Negros occidental is directed to find
appropriate information against a Petitioner for Estafa and for falsification of
private documents. From the comparison of definitions given it is obvious that the
most fundamental notion in the crime of theft is the taking of the thing to be
appropriated into the physical power of the thief, which is qualified by other
conditions such as that the taking must be affected without the consent of the
owner. it should be noted that the definition does not require that the taking should
be affected against the will of the owner but merely, that it should be without his
consent which is a distinction of little or no consequence. The petitioner is right, he
did not commit theft but he committed estafa.

Philawsophical Reference;

The application of the Law should not be on the results of the crime or delict
but on the wording of the Law itself. The elements of the crime and the manner of
its accomplishment shall indicate the proper application of the Law. or in this case
the proper application of the crimes for which the offender is to be charged with.

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