JEZELLE C. GOIS - LL.

B 1-B
14]

CRIMINAL LAW 1

[Case

SORIANO VS. PEOPLE

G.R. No. L-3008, March 19, 1951
Petitioner: Federico Soriano
Respondent: People of the Philippines
Ponente: J. Jugo

FACTS:
Federico Soriano was authorized by his principal, Emilia Saenz, who is an
owner of a building, to collect rents and transmit it to her. Eagle Cinema
Co., Inc. who rented the said building owned by Saenz was indebted for
rents due on account of the lease that was caused by the disturbance of the
war. Eagle Cinema Co., Inc. properties that was inside the building were
then lost and have been found inside the house of Soriano after repeatedly
denying to have any knowledge about the lost equipment and accessories.
He also disclaimed any responsibility for their loss.
On August 22, 1945, Federico Soriano was charged on the crime of theft of
one electric motor marked Cyclix, with Western Electric Company cable,
and one lantern slide projector with their corresponding accessories which
belongs to the Eagle Cinema Co., Inc. He was then convicted after the trial.
Soriano then filed a petition for certiorari against the court of appeals.
ISSUE:
Whether or not Federico Soriano is liable of theft
RULING:
Yes. The crime theft which Soriano stands charged and convicted, is
covered by the first paragraph of Article 308 of the Revised Penal Code
which states that, Theft is committed by any person who, with intent of

gain but without violence against or intimidation of persons nor force upon
things, shall take personal property of another without the latter's
consent.. After all the denials, it is understandable that, when the
petitioner carried away and concealed from the owner and authorities the
possession of the alleged lost properties, he acted with the intent of gain. In
view thereof, the petition for the writ of certiorari was denied, with costs
against the petitioner.