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    The petitioner Asuncion Galang Roque was charged with qualified theft for taking P10,000 from her employer, a savings and loan association where she worked as a teller. She was found guilty by the trial court. However, the Supreme Court ruled that she was not liable for qualified theft because the prosecution failed to prove all the elements of the crime, particularly that there was an unlawful taking of property. The elements of qualified theft are: 1) intent to gain, 2) unlawful taking, 3) personal property belonging to another, and 4) absence of violence, intimidation, or force, and the prosecution did not establish these elements in Roque's case.

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    FGJFHJ

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    87 views1 page
    The petitioner Asuncion Galang Roque was charged with qualified theft for taking P10,000 from her employer, a savings and loan association where she worked as a teller. She was found guilty by the trial court. However, the Supreme Court ruled that she was not liable for qualified theft because the prosecution failed to prove all the elements of the crime, particularly that there was an unlawful taking of property. The elements of qualified theft are: 1) intent to gain, 2) unlawful taking, 3) personal property belonging to another, and 4) absence of violence, intimidation, or force, and the prosecution did not establish these elements in Roque's case.

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    The petitioner Asuncion Galang Roque was charged with qualified theft for taking P10,000 from her employer, a savings and loan association where she worked as a teller. She was found guilty by the trial court. However, the Supreme Court ruled that she was not liable for qualified theft because the prosecution failed to prove all the elements of the crime, particularly that there was an unlawful taking of property. The elements of qualified theft are: 1) intent to gain, 2) unlawful taking, 3) personal property belonging to another, and 4) absence of violence, intimidation, or force, and the prosecution did not establish these elements in Roque's case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    87 views1 page

    FGJFHJ

    Uploaded by

    FV
    The petitioner Asuncion Galang Roque was charged with qualified theft for taking P10,000 from her employer, a savings and loan association where she worked as a teller. She was found guilty by the trial court. However, the Supreme Court ruled that she was not liable for qualified theft because the prosecution failed to prove all the elements of the crime, particularly that there was an unlawful taking of property. The elements of qualified theft are: 1) intent to gain, 2) unlawful taking, 3) personal property belonging to another, and 4) absence of violence, intimidation, or force, and the prosecution did not establish these elements in Roque's case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Valenton, Francis Angelo T.

    Criminal Law 2

    1S

    Roque vs. People (G.R. No. 138954)

    Facts: The petitioner is Asuncion Galang Roque. The respondent is the People of the
    Philippines. In the case at bar, on November 16, 1989, in Floridablanca, Pampanga, the herein
    petitioner Roque, committed the crime of qualified theft. Being employed as teller of the Basa
    Air Base Savings and Loan Association Inc. (BABSLA) and being authorized to receive and
    collect capital contributions, received on behalf of the company, an amount with the sum of
    P10,000.00. The herein petitioner without the knowledge and consent of said corporation,
    feloniously carry away the said amount by making it appear that a certain depositor by the name
    of Antonio Salazar withdrew from his Savings Account No. 1359. When in fact, the said certain
    Antonio Salazar did not withdraw the said amount. The said petitioner was charged with the
    crime of qualified theft and was found guilty by the RTC of the said crime.

    Issue: Is the appellant guilty of qualified theft.

    Held: The Supreme Court said that the petitioner is not liable for qualified theft. In order the be
    liable for qualified theft, first of all, all the elements of the must be present first. These are: 1.
    Intent to gain; 2. Unlawful taking; 3. Personal property belonging to another; 4. Absence of
    violence or intimidation against persons or force upon things. All the elements are not present.
    It was not proven by the prosecution that there was an unlawful taking of the said property.

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