- Petitioner
- Analyn Bondame
- Respondent
- People
- Citation
- G.R. No. 208994
- Court
- Supreme Court
- Decided
- March 13, 2019
Whether petitioner committed qualified theft with grave abuse of confidence by taking P2,000 from employer's sales collection
Summary
This Supreme Court case involved qualified theft committed by a cashier against her employer. Analyn Bondame, working as cashier at RS Petron Service Station, was charged with qualified theft for taking P2,000 worth of P20 bills from sales collection. Two fellow cashiers testified they witnessed her taking the money and hiding it. The RTC convicted her, the CA affirmed, and the SC denied her petition while modifying the penalty. The Court found all elements of qualified theft with grave abuse of confidence were established: unlawful taking of personal property belonging to another, with intent to gain, without consent, without violence, and with grave abuse of confidence due to her position. The SC reduced her sentence from the original 4 years 2 months 1 day to 9 years 4 months 1 day, to 6 months 1 day to 2 years 11 months 11 days of prision correccional, pursuant to the more favorable provisions of R.A. No. 10951 which amended the penalties under the Revised Penal Code.
Focus of dispute
Whether petitioner committed qualified theft with grave abuse of confidence by taking P2,000 from employer's sales collection
Legal facts
Petitioner Analyn Bondame worked as a cashier at RS Petron Service Station. Prosecution witnesses Socorro and Gina, both fellow cashiers, testified that they saw petitioner take a bundle of Twenty Peso bills amounting to P2,000 from the sales collection, hide it in a tray used by cashiers, and bring it to the restroom. The taking was allegedly done without the owner's consent and with grave abuse of confidence due to petitioner's position as cashier.
Judgement and reasoning
Court of Appeals (CA): Affirmed RTC decision on May 25, 2012 in CA-G.R. CEB CR No. 00903, finding that prosecution established beyond reasonable doubt all elements of qualified theft committed with grave abuse of confidence.
Regional Trial Court (RTC): Branch 8, Cebu City found petitioner guilty of qualified theft on May 21, 2008. Court established that petitioner took the money without owner's consent with grave abuse of confidence given her position as cashier.
Supreme Court (SC): Denied petition for review on certiorari on March 13, 2019. Court affirmed guilt but modified penalty pursuant to R.A. No. 10951. Found that prosecution witnesses' testimonies were credible and that all elements of qualified theft were proven. Modified sentence to 6 months and 1 day to 2 years, 11 months, and 11 days of prision correccional due to more favorable penalty under amended law.