- Petitioner
- Teodoro Mariano y Lingat (Alias Pañgan)
- Respondent
- People
- Citation
- G.R. No. 46246
- Court
- Supreme Court
- Decided
- October 14, 1939
Whether theft is qualified by grave abuse of confidence and proper sentencing for habitual delinquent
Summary
Teodoro Mariano was charged with qualified theft after taking P10.20 from his benefactor's trunk while staying at the barbershop out of charity. The Court of First Instance convicted him of theft qualified by grave abuse of confidence and imposed additional penalty for habitual delinquency. The Court of Appeals reduced the penalty, finding no grave abuse of confidence. The Supreme Court reversed, holding that when appellant was charitably allowed to stay in the barbershop, this created confidence which was gravely abused when he stole money. The Court rejected arguments that returning the money negated the crime and restored the original sentence. This case establishes that charitable shelter creates a relationship of confidence that, when violated through theft, qualifies the crime under aggravating circumstances.
Focus of dispute
Whether theft is qualified by grave abuse of confidence and proper sentencing for habitual delinquent
Legal facts
On September 9, 1937, appellant was permitted out of charity to sleep upstairs of Celedonio Mesa's barbershop on Herran Street. During Mesa's absence, appellant took P10.20 from Mesa's trunk upstairs. After being suspected, appellant returned the money and asked for forgiveness. Appellant had extensive previous criminal convictions qualifying him as habitual delinquent.
Judgement and reasoning
Court of Appeals: Reduced principal penalty to 4 months and 1 day of arresto mayor, holding that theft was not qualified by grave abuse of confidence, but affirmed judgment in all other respects including habitual delinquency penalty.
Court of First Instance of Manila: Sentenced appellant for theft qualified by grave abuse of confidence to 4 years, 2 months and 1 day of prision correccional, plus additional penalty of 10 years and 1 day of prision mayor for being habitual delinquent.
Supreme Court: Modified Court of Appeals decision, holding that theft was qualified by grave abuse of confidence. Appellant's admission to sleep in barbershop out of charity created confidence which was gravely abused when he took money. Restored original sentence of 4 years, 2 months and 1 day of prision correccional. Rejected appellant's argument that return of money negated the crime, as crime was already consummated. Affirmed habitual delinquency finding despite appellant's procedural objection about list of convictions being attached separately.