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People of The Philippines V Teresita Puig and Romeo Porras

This case involved two former employees of a rural bank in the Philippines who were charged with qualified theft for stealing 15,000 pesos from the bank. The trial court dismissed the case, finding elements of the crime were missing. The Supreme Court granted the petition, finding the information properly charged the defendants with qualified theft involving grave abuse of confidence. As cashiers and bookkeepers, the defendants occupied positions of confidence at the bank and the bank was considered the owner of the stolen money based on civil code provisions.

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Paolo Somera
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61 views2 pages

People of The Philippines V Teresita Puig and Romeo Porras

This case involved two former employees of a rural bank in the Philippines who were charged with qualified theft for stealing 15,000 pesos from the bank. The trial court dismissed the case, finding elements of the crime were missing. The Supreme Court granted the petition, finding the information properly charged the defendants with qualified theft involving grave abuse of confidence. As cashiers and bookkeepers, the defendants occupied positions of confidence at the bank and the bank was considered the owner of the stolen money based on civil code provisions.

Uploaded by

Paolo Somera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People of the Philippines v Teresita Puig and Romeo Porras

Date: Aug 28 2008


Ponente: J. Chico-Nazario

Facts:
 Iloilo Provincial Prosecutor filed an information of qualified theft against Puig and
Porras before RTC Iloilo for stealing 15k pesos with grave abuse of confidence being
cashier and book keeper of Rural Bank of Pototan
 RTC dismissed
o Element of taking without consent missing
o Bereft of the phrase “ dependence, guardianship or vigilance between the
respondents and the offended party that would have created a high degree of
confidence between them which the respondents could have abused”
 P MR but denied
 Went directly to SC Rule 45
Issue: WON the information of qualified theft with the qualifying circumstance of grave
abuse of confidence proper

Held:
 Elements of theft
o Intent to gain
o Unlawful taking
o Personal property belonging to another
o Absence of Violence, intimidation against persons or force upon things
 Elements of Qualified theft
o taking of personal property
o said property belongs to another
o done with intent to gain
o done without owner’s consent
o accomplished without use of violence or intimidation against persons nor of
force upon things
o done with grave abuse of confidence
 Cashiers, book keepers and other employees of a bank who come into possession of
the monies enjoy the confidence reposed in them by the employer
 Banks are considered the owner of the said monies
o Art 1953: A person who receives a loan of money or any other fungible thing
acquires ownership thereof , and is bound to pay to the creditor an equal
amount of the same kind and quality
o Art 1980: Fixed, savings, and current deposits of money in banks and similar
institutions shall be governed by the provisions concerning the loan
 In a long line of cases, SC has consistently held that allegations in the information
that such employees acted with grave abuse of confidence, to the damage and
prejudice of the bank, without particularly referring to it as thowner of the
money deposits, as sufficient to make the case of qualified theft
 The bank acquires ownership of the money deposited by its clients; and the
employees of the bank, who are entrusted with the possession of money of the bank
due to the confidence reposed in them, occupy positions of confidence
 Dispositive: Petition granted

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