Laborer STEALS Davao Light's electrical equipment; No automatic QUALIFIED theft


While the mere circumstance that the petitioner is an employee or laborer of DLPC does not suffice to create the relation of confidence and intimacy that the law requires to designate the crime as qualified theft, it has been held that access to the place where the taking took place or access to the stolen items changes the complexion of the crime committed to that of qualified theft. (Cariaga vs. Court of Appeals, G.R. No. 143561, 09 June 2001, 358 SCRA 583)