Capili vs.

CA

Facts: Capili was found guilty of violation of Anti-Fencing Law for buying jewelries from
Manzo for the amount of 50 thousand pesos. The said jewelries were stolen by Manzo
from Diokno, and Capili knew the fact that the said jewelries he bought from Manzo was
stolen. The trial court sentence Capili to suffer 8 years and 1 day to 10 years of
prision mayor medium.

Capili contends that the basis of the penalty for the offense of fencing is the value
of the property and not the agreed selling price of the stolen item, and since the
prosecution failed to prove the value of the stolen goods, his guilt has not been proven
beyond reasonable doubt.

Issue: w/n the failure of the prosecution to prove the value of the stolen goods will
render the Capili not guilty of the offense of fencing – No

Ruling: The law does not require proof of purchase of the stolen articles by the accused
as mere possession thereof is enough to give rise to a presumption of fencing. Capili,
who was in possession of at least two of the stolen items, has not rebutted this
presumption.

Absence of any evidence to the actual value of the stolen property, the agreed
price is presumed to be the value of the stolen property as it is the only value
established by the prosecution. Thus, the said value will also be the basis in computing
the penalty.

Applying the ISLaw, Capili should be sentenced to suffer the penalty of prision
mayor maximum. The fact that the value of the fenced items exceeds P22,000.00
should not be considered in the initial determination of the indeterminate
penalty. In the absence of mitigating and aggravating circumstances, this should be
imposed in its medium period which ranges from ten (10) years, eight (8) months and
one (1) day to eleven (11) years and four (4) months. Adding the additional two (2)
year sentence, one for each P10,000.00 in excess of P22,000.00, the maximum of the
indeterminate penalty is anywhere within ten (10) years, eight (8) months and one (1)
day of prision mayor to thirteen (13) years and four (4) months of reclusion temporal.
On the other hand, the minimum of the indeterminate sentence should be anywhere
within the range of the penalty next lower which is prision correccional maximum which
ranges from four (4) years, two (2) months and one (1) day to six (6) years.