- Petitioner
- People
- Respondent
- Bernard Mirto
- Citation
- G.R. No. 193479
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Velasco, Jr., J.
- Decided
- October 19, 2011
Qualified theft committed by company branch manager who misappropriated customer payments by depositing them in personal accounts instead of…
Summary
Bernard G. Mirto, branch manager of Union Cement Corporation in Tuguegarao, was convicted of four counts of qualified theft for misappropriating over PHP 2.2 million in customer payments from May-June 2001. Instead of remitting 'Pay to Cash' checks from cement customers to UCC, he deposited them in his personal Security Bank account and accounts of one Magno Lim. The Supreme Court affirmed his conviction, finding all elements of qualified theft present including grave abuse of confidence given his managerial position with access to company funds. The Court rejected his defense that he held the funds in trust as an agent, ruling he was merely an employee with material possession only. While sentenced to four penalties of reclusion perpetua for the separate counts, the Court limited his total imprisonment to 40 years under Article 70 of the Revised Penal Code on successive service of sentences. The case demonstrates the criminal liability of employees who abuse positions of trust to misappropriate employer funds.