Title: People v Diño Date: February Plaintif-Appellee: People Deendant-Appellant: Roberto Diño y Romero Ponente: J. Labraor
18, of
t he
1948 Philippines
!ppeal from a "u#ment of the $F% of &anila 'nin# appellant #uilty as a((ompli(e in the (rime of )uali'e theft an senten(in# him to su*er an ineterminate penalty of not less than + months an 11 ays of arresto mayor, nor more than 1 year, 8 months an 1 ays of prision (orre((ional, -ith the a((essory penalties impose by la-, an to pay the (osts.
Facts:
/n June 0, 0, 194, Roberto Roberto Diño Diño -as employe employe as as a river river of the 23 army army at a station in eneral Depot, !P/ 56, 7ueon $ity. $ity. !t above 11+0 P&, he brou#ht to the 50th &eium Port, 3outh :arbor, &anila, a tru(;loa of arti(les, all unloae from the tru(; by the #an# employe by the 23 army. !fter !fter-ar -ars, s, he rove rove a-ay a-ay his tru(; tru(; from the Port, Port, but as he -as nearin# nearin# an &.P. (he(;point, a (olore #uar approa(he the tru(; an foun + bo
he #uar brou#ht Diño to the (he(;point -here a 23 army lieutenant, upon seein# the + bohe lieutenant -ent to the foreman an his #an# employe to unloa the arti(les at the &eium Port, but all of them enie havin# loae the bohe trial trial (ourt (ourt hel that that the bo< bohe investi investi#ator #ator -ho -ho too; the statem statement, ent, Ahe (laim that the statement -as mae involuntarily by the appellant is therefore, D%3&%33AD. >he (laim (laim that the the bohis (ourt 'ns that the trial (ourt i not err in refusin# to believe su(h (laim for bein# (ontrary to the lieutenantGs testimony an to the fa(ts of the (ase. Diños testimony -as not (orroborate by any other -itness or (ir(umstan(e su(iently prove at the trial. >he >he (our (ourtt sent senten en(e (e Diño Diño for for the the (rime (rime of qualied thet. :o-ever, :o-ever, the evien(e submitte fails to sho- that the arti(les -ere those entruste to Diño for transportation in the tru(; riven. %n fa(t, the arti(les elivere to the epot appear
to have been unloae an the + bohere -as no elements of condence involve, Diño bein# a mere laborer -hen he too; part in ta;in# a-ay the loot from the epot. >he (rime (ommitte is therefore, not qualied but simple thet. >-o other points remain to be (onsiere the e#ree in -hi(h the (rime -as (ommitte an the e
Hhether or not the (rime of simple theft -as (onsummate. Held:
N. >his (ourt believes that in orer to ma;e the booty sub"e(t to the (ontrol an isposal of the (ulprits, the arti(les stolen must 'rst be passe throu#h the &P (he(;point, but sin(e the o*ense -as is(overe an the arti(les seie after all the a(ts of erial (ourt foun appellant #uilty as a((ompli(e in the (onsummate (rime. :o-ever, this (ourt foun that the o*ense (ommitte -as only that of frustrate theft, the passin# of the tru(; beyon the (he(;point a-ay from the (ontrol of the #uars bein# essential to the (omplete (onsummation of the (rime, it is evient that appellant parti(ipate, not as an a((ompli(e, but as a prin(ipal, havin# himself (arrie the arti(les in the tru(;, an the a(t of (arryin# the arti(les throu#h the (he(;point bein# an inispensable part of the (omplete e
Petitions DAI%AD. >he "u#ment appeale from is &/D%F%AD, an appellant is foun #uilty as prin(ipal of the (rime of "ust"ated thet, an is hereby senten(e to su*er the penalty of not less than + months an 11 ays of arresto mayor, nor more than 1 year, 8 months an 1 ays of prision correccional, an to pay the (osts.
