People Of The Philippine Islands v. Locson

VICKERS, J.:

This is an appeal from a decision of Judge A. Horrilleno of the Court of First Instance of Zamboanga finding the defendant guilty of the crime of qualified theft and sentencing him to suffer twelve years, ten months, and twenty days of cadena temporal and the accessory penalties of the law, to return to the Bank of the Philippine Islands the sum of P33,965.45, and to pay the costs. The defendant and appellant makes the following assignment of errors: 1. The trial court erred in accepting as more worthy of belief and consideration the contradictory and improbable testimony of the witnesses for the prosecution, absolutely ignoring the trustworthy evidence submitted by the unbiased witnesses that testified for the defense.

2. The trial court also erred in making conclusion and findings of facts absolutely unsupported by the evidence presented during the trial, and in convicting the accused on the strength of mere circumstantial evidence, which did not exclude each and every reasonable hypothesis consistent with the innocence of the defendant. 3.

The trial court finally erred in holding that the sum of P33,965.45 in question was not placed in the box and sack, when it was brought to the vault on June 7, 1930, and that the accused took the said money; and in finding the said accused guilty of the crime of qualified theft, imposing upon him the penalty of twelve (12) years, ten (10) months and twenty (20) days of cadena temporal , to suffer the accessory penalties provided by law, and to return to the Bank of the Philippine Islands the said sum of P33,965.45, and to pay the costs, notwithstanding the insufficiency of the evidence. The defendant was tried on a plea of not guilty to the following information: The undersigned accuses Teodoro I. Locson of the crime of qualified theft, committed as follows: That on or about the 8th day of June, 1930, and within the jurisdiction of this court, viz., in the municipality of Zamboanga, Province of Zamboanga, P. I., the above named defendant, being an employee of the Bank of the Philippine Islands, Zamboanga branch, as receiving teller, did then and there wilfully, unlawfully and feloniously, taking advantage of his said position as such receiving teller and with serious breach of confidence, take and carry away with intent to gain and without the consent of said bank, money in the total amount of P33,965.45, equivalent to 169,827.25 pesetas belonging to the said bank.

Contrary to law. Zamboanga, Zamboanga, October 7, 1930. JOSE EVANGELISTA Provincial Fiscal The defendant was the receiving teller of the Zamboanga branch of the Bank of the Philippine Islands.

At the close of business on Saturday, June 7, 1930, he had in his possession the total sum of P48,461.58, consisting of currency, pending checks, and foreign coins as follows: In notes of P100 P300.00 In notes of 50 250.00 In notes of 20 10,440.00 In notes of 10 9,010.00 In notes of 5 11,025.00 In notes of 2 5,276.00 In notes of 1 3,456.00 U.S.A. notes 1,634.00 Foreign currencies 47.45 Misc. checks pending 4,501.13 Mutilated bills 1,897.00 Phil. National Bank bills 165.00 Bank of the P. I. bills 460.00