- Petitioner
- People of the Philippines, petitioner,
- Respondent
- Gilbert Pascual y Padamada, respondent
- Citation
- G.R. No. 234168
- Court
- Supreme Court
- Division
- Second Division
- Decided
- April 16, 2018
Whether accused-appellant Gilbert Pascual y Padamada is guilty of Qualified Theft under Article 310 in relation to Article 309 of the Revised Penal…
Summary
The Supreme Court affirmed with modification the Court of Appeals' conviction of Gilbert Pascual y Padamada for Qualified Theft. Pascual, a domestic servant, stole gold worth P817,911.70, constituting qualified theft due to grave abuse of confidence. The SC dismissed his appeal, finding no reversible error by the CA, but modified the penalty by applying RA 10951 retroactively. The final sentence was an indeterminate penalty of 7 years, 4 months, 1 day to 11 years, 6 months, 21 days of prision mayor. The case demonstrates the application of amended RPC penalties and retroactive effect of laws favorable to the accused. The qualification of theft was based on the accused's position as domestic servant, establishing grave abuse of confidence under Article 310 of the RPC.