
SUPREME COURT - SECOND DIVISION
[ G.R. No. 238383, April 02, 2025 ]
JANICE L. TEOLOGO AND JENNIFER DELOS SANTOS, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.
Case Summary: Qualified Theft vs. Simple Theft
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- This case involves two store managers convicted of Qualified Theft for withholding service charges from employees. The Supreme Court modified the conviction from qualified theft to simple theft. The Court reasoned that while the managers abused the confidence of their employer, the stolen money belonged to the employees, with whom the managers did not have the same relationship of trust and confidence required to qualify the crime. The Court also treated the series of thefts as a single "continuous crime."
- The Accused: Janice Teologo and Jennifer Delos Santos were store managers at Shakey's Angono, a franchise owned by Big G Philfoods.
- The Scheme: From June to October 2009, the managers allegedly withheld the distribution of service charges to employees. They would have employees sign the payrolls but would not give them their corresponding shares, claiming it was a company policy to withhold payment from those with incomplete requirements.
- Discovery: The scheme was discovered after an accountant received an anonymous text message. An investigation revealed that at least two employees, Mark Quetua and Ingimar Buenaventura, did not receive their service charges for several months, amounting to a total of PHP 9,569.76.
- RTC Ruling: The RTC found the petitioners guilty of Qualified Theft, reasoning that they abused the trust and confidence reposed in them by their employer, Big G.
- Court of Appeals (CA) Ruling: The CA affirmed the conviction for Qualified Theft but modified the penalty.
- Were all the elements of theft established?
- Was the qualifying circumstance of "grave abuse of confidence" present, making the crime Qualified Theft?
The Supreme Court PARTLY GRANTED the petition, affirming the conviction but modifying the crime from Qualified Theft to SIMPLE THEFT.
- Simple Theft Established: All elements of simple theft were present. The managers unlawfully took personal property (money) belonging to others (the employees) with intent to gain and without consent.
- No Grave Abuse of Confidence: The qualifying element of "grave abuse of confidence" was absent. While the managers abused the confidence of their employer, Big G, the crime was committed against the employees, Quetua and Buenaventura. The relationship between managers and rank-and-file employees does not involve the specific fiduciary trust required to qualify the crime of theft.
- Penalty and Damages: The penalty was reduced to six months of *arresto mayor* for simple theft. The managers were ordered to pay restitution directly to the affected employees, not the company.
- Qualified Theft (Art. 310, RPC): To qualify theft, the element of "grave abuse of confidence" must exist between the offender and the owner of the stolen property.
- Victim of Theft: The crime is committed against the actual owner of the property taken. In this case, the service charges, once allocated, belonged to the employees, not the company.
- Continuous Crime: A series of acts arising from a single criminal resolution or intent can be treated as a single, continuous crime, rather than multiple separate offenses.