RA 10951

"5. Arresto mayor to its full extent, if such value is over Five hundred pesos (₱500) but does
not exceed Five thousand pesos (₱5,000). PENALTY FOR THEFT

ART 329 "3. By arresto menor or a fine of not less than the value of the damage caused and
not more than Forty thousand pesos (₱40,000), if the amount involved does not exceed Forty
thousand pesos (₱40,000) or cannot be estimated."

MELCHOR L. GONZALES – COMPLAINANT

JED ESPIRITU – ACCUSED- BF THEFT AND MALICIOUS MISCHIEF
ALMA VIRREY – ACCUSED- GF THEFT AND MALICIOUS MISCHIEF
NANIRA NG MOTOR 7,500
NAGNAKAW NG HELMET 2,000
ROSSILY L. GAMIER – LIVE-IN PARTNER OF MELCHOR

YAMAHA MIO MOTORCYCLE WITH PLATE NO. 040100000716978

WALNG CERTIFICATE OF REGISTRATION – OKAY NA TO OWNERSHIP WAS

ESTABLISHED
WALANG MV FILE OR PLATE NUMBER SHOWING THAT THE MOTORCYCLE
OWNED BY MELCHOR GONZALES WAS THE SAME AS THAT IN THE PHOTO
SOBRANG LABO NG PHOTO

ALMA VIRREY AND JED ESPIRITU:

THE HELMET AND MOTORCYCLE WERE LENT.
IT WAS ROSILLY’S CHILD WHO CAUSED THE DAMAGE.
NO PROOF OF RECEIPTS TO SHOW DAMAGE.
ROSILLY AND MELCHOR ARE LIVE IN PARTNERS AND THEY ARE CO-OWNERS
TO THE MOTORCYCLE SO THEY CAN BORROW FROM ROSILLY.
THEY HAVE NO REASON TO STEAL THE HELMET BEC THEY HAVE NO
MOTORCYCLE TO USE IT FOR.

TSN 1: FOR WITNESS MELCHOR

NO PROOF OF COST OF HELMET
NO OR FOR COST OF REPAIR ONLY ESTIMATE
WITNESS MELCHOR HAS NO PERSONAL KNOWLEDGE OF THE CASE BEC HE
WAS IN TACLOBAN LEYTE WHEN THE CRIME HAPPENED

TSN 2: THE MOTORCYCLE WAS BORROWED

NATURAL REACTION TO REPORT IF A CAR IS STOLEN. CONTRACDICTING
PAGE 6
NAKILALA DAW NYA UNG ACCUSED NUNG SINOLI NYA MOTOR PERO SABI NYA
SA SWORN E PINATULOG NYA SA BAHA NILA.
TSN 3: ROSILLY IDENTIFIED JED ESPIRITU
TSN 4: TESTIMONY OF JED ESPIRITU
THE 3 YEAR OLD CHILD CAUSED THE DAMAGE TO THE MOTORCYCLE

JED ESPIRITU

THE ELEMENT OF MERELY FOR THE SAKE OF DAMAGING IT WAS NOT PROVEN