Petitioner
Fernando Pante y Rangasa
Respondent
People
Citation
G.R. No. 218969
Court
Supreme Court
Division
Third Division
Ponente
Hernando, J.
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.

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By Intellegal Editorial Board · January 18, 2021

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