SORIANO VS.

PEOPLE
G.R. No. L-3008, March 19, 1951

Petitioner: Federico Soriano

Respondent: People of the Philippines

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.