Академический Документы
Профессиональный Документы
Культура Документы
* FIRST DIVISION.
244
245
246
247
248
249
250
Before us1
is a Petition for Review on Certiorari of the
Decision of the Court of Appeals (CA) in CA-G.R. SP No.
68841 affirming the Order issued by Judge Zeus C.
Abrogar, Regional Trial Court (RTC), Makati City, Branch
150, which denied the Motion to Quash (With Motion to
Defer Arraignment) in Criminal Case No. 99-2425 for
theft.
Philippine Long Distance Telephone Company (PLDT) is
the holder of a legislative franchise to render local and
international telecommunication services under Republic
Act No.
_______________
251
_______________
252
_______________
253
_______________
7 Id., at p. 138.
8 Id., at p. 134.
9 Id., at p. 140.
10 Id., at pp. 142-146.
254
_______________
255
_______________
256
_______________
257
_______________
258
_______________
259
fees for international long distance calls, and that the ISR
used by the movant and his co-accused was no different
from the jumper used for stealing electricity.
Laurel then filed a Petition for Certiorari with the CA,
assailing the Order of the RTC. He alleged that the
respondent judge gravely abused his discretion in denying
21
his Motion to Quash the Amended Information. As
gleaned from the material averments of the amended
information, he was charged with stealing the
international long distance calls belonging to PLDT, not its
business. Moreover, the RTC failed to distinguish between
the business of PLDT (providing services for international
long distance calls) and the revenues derived therefrom. He
opined that a business or its revenues cannot be
considered as personal property under Article 308 of the
Revised Penal Code, since a business is (1) a commercial
or mercantile activity customarily engaged in as a means of
livelihood and typically involving some independence of
judgment and power of decision; (2) a commercial or
industrial enterprise; and (3) refers to transactions,
dealings or intercourse of any nature. On the other hand,
the term revenue is defined as the income that comes
back from an investment (as in real or personal property);
the annual or periodical rents, profits, interests,
22
or issues
of any species of real or personal property.
Laurel further posited that an electric companys
business is the production and distribution of electricity; a
gas companys business is the production and/or
distribution of gas (as fuel); while a water companys
business is the production and distribution of potable
water. He argued that the business in all these cases is
the commercial activity, while the goods and merchandise
are the products of such activity. Thus, in prosecutions for
theft of certain forms of energy, it is the electricity or gas
which is alleged to be stolen and not the business of
providing electricity or gas. However, since a
_______________
21 CA Rollo, p. 6.
22 Id., at pp. 9-11.
260
_______________
23 Id.
24 Id.
25 Resolution No. 149, Series of 1999 dated April 16, 1999 (I.S. No. 96-
3884), Rollo, pp. 95-97.
26 Id.
27 Id., at pp. 32-47.
261
_______________
262
_______________
31 Id., at p. 689.
32 Id., at p. 691.
263
_______________
264
_______________
35 Madarang v. Court of Appeals, G.R. No. 143044, July 14, 2005, 463
SCRA 318, 327 (2005).
36 G.R. No. 148156, September 27, 2004, 439 SCRA 202 (2004).
37 Id., at p. 211.
265
_______________
266
_______________
267
_______________
268
_______________
50 Viada, CODIGO PENAL REFORMADO DE 1870, CONCORDADO Y
COMENTADO, 219.
51 People v. Sison, 379 Phil. 363, 384; 322 SCRA 345 (2000); People v.
Bustinera, G.R. No. 148233, June 8, 2004, 431 SCRA 284, 291.
269
_______________
270
271
_______________
272
_______________
65 Supra note 59 (Emphasis supplied).
66 Doggett v. Burnet, 65 F.2d 191 (1933).
67 Blacks Law Dictionary, 5th ed., p. 179; Union League Club v.
Johnson, 108 P.2d 487, 490 (1940).
68 United States v. McCraken, 19 C.M.R. 876 (1955).
69 People v. Tansey, 593 N.Y.S. 2d 426 (1992).
273
_______________
274
275
_______________
74 Central Power and Light Co. v. State, 165 S.W. 2d 920 (1942).
75 Blacks Law Dictionary, p. 1227.
76 Lund v. Commonwealth, 232 S.E.2d 745 (1977); 50 Am. Jur. 2d
Larceny, p. 83.
77 Imbau, Thomson, Moenssens, Criminal Law, Second Edition, p.
6247, 2 Wharton Criminal Law, Prodded, 604:369.
78 Id., at p. 746; Commonwealth v. Rivera, 583 N.E.2d 867 (1991).
79 People v. Tansey, supra note 69.
276
_______________
80 See note 76.
278
279
VOL. 483, FEBRUARY 27, 2006 279
Laurel vs. Abrogar
o0o
280