People vs. Puig

An information for qualified theft sufficiently alleges the qualifying circumstance of grave abuse of confidence and the element of taking without the owner's consent by stating the accused's position of trust within the bank and the taking of funds without the bank's consent, without needing to recite the specific phrase "relation of dependence, guardianship, or vigilance" or explicitly label the bank as the "owner."

Teresita Puig and Romeo Porras, the Cashier and Bookkeeper of Rural Bank of Pototan, Inc., were charged with 112 counts of qualified theft. The uniform informations alleged that respondents, conspiring with grave abuse of confidence and being the Cashier and Bookkeeper, took various sums of money without the knowledge or consent of the bank management, to the damage and prejudice of the bank.

• Charges: 112 counts of qualified theft were filed against respondents for taking money from the Rural Bank of Pototan, Inc.
• Allegations in the Informations: Respondents conspired, with grave abuse of confidence, being the Cashier and Bookkeeper, and took money without the knowledge or consent of the bank management, to the bank's damage and prejudice.
• RTC Ruling on Probable Cause: The trial court found no probable cause to issue warrants of arrest. It held that the informations were deficient because (1) the element of taking without the owner's consent was missing since the depositors, not the bank, owned the money; and (2) the informations lacked the phrase alleging a "relation by reason of dependence, guardianship or vigilance between the respondents and the offended party that would have created a high degree of confidence between them which the respondents could have abused."

• Ownership of Deposited Funds: Under Articles 1953 and 1980 of the New Civil Code, deposits are simple loans; the bank acquires ownership of the money deposited, making the bank the owner and the depositors mere creditors.
• Sufficiency of Information: The informations sufficiently alleged all elements of qualified theft by specifying respondents' positions (Cashier and Bookkeeper), the grave abuse of confidence, and the taking without the bank's consent.

• Wrong Mode of Appeal: A Petition for Review on Certiorari under Rule 45 is improper because a finding of probable cause involves an evaluation of facts and circumstances, which is not a pure question of law.
• Proper Party to Appeal: The Department of Justice, through the Secretary of Justice, is the principal party to file the petition, not the Office of the Solicitor General.

• Sufficiency of Information: Whether the informations for qualified theft sufficiently allege the element of taking without the consent of the owner and the qualifying circumstance of grave abuse of confidence.
• Mode of Appeal: Whether a Petition for Review on Certiorari under Rule 45 is the proper remedy.
• Proper Party: Whether the Office of the Solicitor General is the proper party to file the petition.

• Sufficiency of Information: The informations sufficiently alleged the elements of qualified theft. The bank is considered the owner of the deposited funds pursuant to Articles 1953 and 1980 of the Civil Code, which classify deposits as simple loans, transferring ownership to the bank. The qualifying circumstance of grave abuse of confidence was adequately pleaded by stating respondents' positions as Cashier and Bookkeeper and alleging the taking was "with grave abuse of confidence." The specific phrase "relation of dependence, guardianship, or vigilance" is not required, as the test is whether a person of common understanding comprehends the charge.
• Mode of Appeal: Rule 45 is the proper mode of appeal because the issue raised is purely a question of law regarding the sufficiency of the informations.
• Proper Party: In criminal cases where the State is the offended party, the State, through the OSG, is the proper party to seek reconsideration of a dismissal or acquittal regarding the criminal aspect; the private complainant's interest is limited to civil liability.

• Sufficiency of Information for Qualified Theft — An information need not use the exact language of the statute. The test is whether it enables a person of common understanding to know the charge and allows the court to pronounce judgment. Stating the accused's position of trust and the phrase "with grave abuse of confidence" sufficiently alleges the qualifying circumstance without requiring the specific phrase "relation of dependence, guardianship, or vigilance."
• Bank Ownership of Deposits — Fixed, savings, and current deposits of money in banks are governed by the provisions concerning simple loans. The bank acquires ownership of the money deposited, making the bank the owner and the offended party in theft cases involving bank funds.
• Probable Cause for Arrest — Probable cause for the issuance of a warrant of arrest is the existence of such facts and circumstances that would lead a reasonably discreet and prudent person to believe that an offense has been committed by the person sought to be arrested.

• "The test is whether it enables a person of common understanding to know the charge against him, and the court to render judgment properly."
• "It is beyond doubt that tellers, Cashiers, Bookkeepers and other employees of a Bank who come into possession of the monies deposited therein enjoy the confidence reposed in them by their employer. Banks, on the other hand, where monies are deposited, are considered the owners thereof."

• People v. Koc Song, 63 Phil. 369 (1936) — Cited by the trial court for the "dependence, guardianship, or vigilance" requirement; distinguished by the Supreme Court, holding that the exact phrase is not necessary if confidence is evident from the position alleged.
• Roque v. People, G.R. No. 138954, 25 November 2004 — Followed; an information alleging a bank teller took money with grave abuse of confidence and without the corporation's consent was held sufficient to make out a case of qualified theft.
• People v. Sison, 379 Phil. 363 (2000) — Followed; a branch operations officer was convicted of qualified theft for exploiting the trust reposed in him by the bank, affirming that alleging the position and grave abuse of confidence suffices.
• People v. Locson, 57 Phil. 325 (1932) — Followed; established that the possession of money by a bank employee is the possession of the bank, and removing it with grave abuse of confidence constitutes qualified theft.
• Mobilia Products, Inc. v. Hajime Umezawa, G.R. No. 149357, 4 March 2005 — Followed; in criminal cases where the State is the offended party, only the public prosecutor or the State through the OSG may seek reconsideration of a dismissal or acquittal on the criminal aspect.

• Article 308, Revised Penal Code — Defines theft and its elements (intent to gain, unlawful taking, personal property belonging to another, absence of violence/intimidation/force).
• Article 310, Revised Penal Code — Defines qualified theft, penalizing theft committed with grave abuse of confidence, among other circumstances.
• Article 1953, New Civil Code — Provides that a person who receives a loan of money acquires ownership thereof and is bound to pay an equal amount.
• Article 1980, New Civil Code — Classifies fixed, savings, and current deposits of money in banks as simple loans.
• Section 6, Rule 110, Rules of Court — Requires that the information must state the acts or omissions complained of as constitutive of the offense.
• Section 9, Rule 110, Rules of Court — Provides that the acts or omissions and qualifying circumstances must be stated in ordinary and concise language sufficient to enable a person of common understanding to know the offense charged.
• Section 6, Rule 112, Rules of Court — Requires the judge to issue a warrant of arrest only upon a finding of probable cause after personally evaluating the resolution of the prosecutor and its supporting evidence.
• Section 14(2), Article III, 1987 Constitution — Guarantees the right of the accused to be informed of the nature and cause of the accusation against him.

Ynares-Santiago, Austria-Martinez, Reyes, Leonardo-de Castro