Saturday, November 26, 2011

Theft

A person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act; otherwise, that thing which a person possesses, or exercises acts of ownership over, are owned by him Section 3(j), Rule 131 of the Rules of Court

In Litton Mills, Inc. v. Sales, we said that for such presumption to arise, it must be proven that: (a) the property was stolen; (b) it was committed recently; (c) that the stolen property was found in the possession of the accused; and (d) the accused is unable to explain his possession satisfactorily(People of the Philippines Vs. Renato Lagat y Gawan, a.k.a. Renat Gawan and James Palalay y Villarosa, G.R. No. 187044. September 14, 2011).

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