- Petitioner
- Fernando Pante y Rangasa
- Respondent
- People
- Citation
- G.R. No. 218969
- Court
- Supreme Court
- Decided
- January 18, 2021
Theft of found property under Article 308, par. 2(1) of the Revised Penal Code; liability of a 'finder in law' who appropriates lost money knowing it…
Summary
This criminal case involves the theft of found property under Article 308 of the Revised Penal Code. Fernando Pante was convicted for appropriating lost money originally found by his minor co-accused, establishing the important legal principle of 'finder in law' liability. The Supreme Court affirmed that one who receives lost property from the actual finder, knowing it to be lost, assumes the same legal obligations as the original finder and commits theft by failing to return it to the owner or authorities. The case clarifies that the crime of theft of found property focuses on the furtive appropriation with knowledge of ownership rather than being the first finder. The Court applied RA 10951's retroactive provisions to reduce Pante's penalty, demonstrating the intersection of substantive criminal law with recent legislative reforms. The decision reinforces protection of property owners against appropriation by subsequent handlers of lost property, preventing escape from liability through claims of not being the original finder.
Focus of dispute
Theft of found property under Article 308, par. 2(1) of the Revised Penal Code; liability of a 'finder in law' who appropriates lost money knowing it belongs to another
Legal facts
On December 10, 2004, Dawson Word dropped his bundled money (US$4,550.00 and P27,000.00) while alighting from his car in Pili, Camarines Sur. The next morning, Pante's minor co-accused found the money and shared it with another minor co-accused and petitioner Pante, who received US$1,700.00. Despite knowing the money was lost property and not rightfully theirs, Pante encouraged the minors to keep the money and used his share to purchase a JVC component, gas stove, and construction materials. When police investigated on December 21, 2004, Pante returned only US$300.00, P4,660.00, and some items, having already spent or used the rest.
Judgement and reasoning
Court of Appeals (CA): Affirmed RTC's conviction, finding prosecution proved Pante's guilt beyond reasonable doubt. Pante admitted receiving US$1,000.00 from lost money and co-accused testified he took US$1,700.00. His return of items and remaining cash supported allegations of appropriation. Modified penalty to 2 years 4 months and 1 day of prision correccional as minimum to 13 years of reclusion temporal as maximum.
Regional Trial Court (RTC), Branch 33, Pili, Camarines Sur: Found all three accused guilty beyond reasonable doubt of theft. Determined that Word lost US$4,450.00 (prosecution failed to prove loss of Philippine currency). Found Pante received US$1,700.00 and instructed minors not to return the money. Rejected Pante's claim of voluntary return since he only returned money upon police arrival. Sentenced Pante to 2 years 4 months and 1 day of prision correccional as minimum to 9 years and 1 day of prision mayor as maximum, plus P59,120.00 actual damages.
Supreme Court (SC): Affirmed conviction but modified penalty under RA 10951. Established that Pante was a 'finder in law' even though not the actual finder, applying People v. Avila doctrine. Explained that gist of theft of found property is furtive taking and misappropriation with knowledge of ownership, not necessarily being the first finder. One who receives lost property from finder assumes same legal relation as actual finder. Modified penalty to 4 months and 20 days of arresto mayor as minimum to 2 years, 11 months, and 10 days of prision correccional as maximum, plus 6% interest on damages.