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SORIANO VS.

THE PEOPLE OF THE PHILIPPINES

G.R. No. L-3008

MARCH 19, 1951

Petitioner: Federico Soriano

Respondents: People of the Philippines

Ponente: Jugo, J.

FACTS:

On August 22, 1945, petitioner Federico Soriano was charged with the crime of Theft of one
electric motor and one lantern slide projector, with their corresponding accessories, valued at
Php. 6,000, belonging to the Eagle Cinema Co., Inc.

The case was tried at the Court of First Instance of Iloilo and sentenced him to suffer
indeterminate penalty of 6 months of arresto mayor to 2 years and 11 days of prision
correccional. However, an appeal filed to the Court of Appeals modified his sentence to 3
months of arresto mayor (minimum) to 1 year, 8 months and 21 days of prision correccional
(maximum), and to pay the penalties of the law and corresponding costs.

However, the accused raised questions as to the judgment of the CA and filed a petition for
certiorari. According to him, he was given a power of attorney by a certain Emilia Saenz, to
whom Eagle Cinema Co., Inc. was indebted, and that he was authorized to ask, demand, sue
for, recover, collect and receipt for all sums of money and other things of value of whatever
nature or kind. The petitioner contended that he cannot be liable for Theft because there was
no criminal intent and that the elements of theft were not present. Furthermore, he contended
that as an attorney-in-fact, he acted for his principals, and for all purposes of the power
conferred upon him, he was the principal himself and cannot steal something that already
belonged to him, backed by the principle, rei nostrae furtum facera non pos sumus. Thus, the
defendant is entitled to an acquittal.

But, it was found out that the accused was in possession of the generator and the projector, hid
them in his house, and repeatedly denied it to the authorities.

ISSUE:

Whether or not a felony has been committed?


HELD:

Yes. The actions of the accused-petitioner constitute to felony.

Under Art. 3 of the Revised Penal Code, a felony is an act or omission punishable law, and it
may be committed by means of deceit (when an act is performed with deliberate intent) or fault
(when the wrongful act results from imprudence, negligence, lack of foresight or skill). In this
case, the accused is wronged for the felony of dolo (deceit).

Although the power of attorney authorized the accused to ask, demand, sue for, recover, collect
and receipt for all sums of money and other things of value of whatever nature or kind, the
authority given to him was mainly to collect the rent of Eagle Cinema Co., Inc. It was clear that
he does not have the right to keep the items, hide them in his house, and consequently denied
having them in possession to the police authority and its owner. What he did was an illegal act.
It was made clear that when he concealed the properties, he acted with the intent to gain.

Hence, the element of deliberate intent is clear as shown by the overt acts of the accused and
therefore making him subject to punishment.

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