People of the Philippines v Teresita Puig and Romeo Porras

Date: Aug 28 2008

Ponente: J. Chico-Nazario

Facts:
 Iloilo Provincial Prosecutor filed an information of qualified theft against Puig and
Porras before RTC Iloilo for stealing 15k pesos with grave abuse of confidence being
cashier and book keeper of Rural Bank of Pototan
 RTC dismissed
o Element of taking without consent missing
o Bereft of the phrase “ 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”
 P MR but denied
 Went directly to SC Rule 45
Issue: WON the information of qualified theft with the qualifying circumstance of grave
abuse of confidence proper

Held:
 Elements of theft
o Intent to gain
o Unlawful taking
o Personal property belonging to another
o Absence of Violence, intimidation against persons or force upon things
 Elements of Qualified theft
o taking of personal property
o said property belongs to another
o done with intent to gain
o done without owner’s consent
o accomplished without use of violence or intimidation against persons nor of
force upon things
o done with grave abuse of confidence
 Cashiers, book keepers and other employees of a bank who come into possession of
the monies enjoy the confidence reposed in them by the employer
 Banks are considered the owner of the said monies
o Art 1953: A person who receives a loan of money or any other fungible thing
acquires ownership thereof , and is bound to pay to the creditor an equal
amount of the same kind and quality
o Art 1980: Fixed, savings, and current deposits of money in banks and similar
institutions shall be governed by the provisions concerning the loan
 In a long line of cases, SC has consistently held that allegations in the information
that such employees acted with grave abuse of confidence, to the damage and
prejudice of the bank, without particularly referring to it as thowner of the
money deposits, as sufficient to make the case of qualified theft
 The bank acquires ownership of the money deposited by its clients; and the
employees of the bank, who are entrusted with the possession of money of the bank
due to the confidence reposed in them, occupy positions of confidence
 Dispositive: Petition granted