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  • People v. Sia Teb Ban

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    The defendant was found guilty of qualified theft and habitual delinquency by the lower courts and sentenced to prison time and fines. On appeal, the defendant claims he is not guilty of the charges. However, the court found that it was proven the defendant took the victim's watch without consent based on evidence. The court also found the defendant had criminal intent (animus lucrandi) based on his actions. The court affirmed the lower court's judgment but modified it to include additional accessory penalties under the law. The other judges concurred with the opinion.

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    People v. Sia Teb Ban

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    The defendant was found guilty of qualified theft and habitual delinquency by the lower courts and sentenced to prison time and fines. On appeal, the defendant claims he is not guilty of the charges. However, the court found that it was proven the defendant took the victim's watch without consent based on evidence. The court also found the defendant had criminal intent (animus lucrandi) based on his actions. The court affirmed the lower court's judgment but modified it to include additional accessory penalties under the law. The other judges concurred with the opinion.

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    © All Rights Reserved
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    80 views1 page

    People v. Sia Teb Ban

    Uploaded by

    TJ Cortez
    The defendant was found guilty of qualified theft and habitual delinquency by the lower courts and sentenced to prison time and fines. On appeal, the defendant claims he is not guilty of the charges. However, the court found that it was proven the defendant took the victim's watch without consent based on evidence. The court also found the defendant had criminal intent (animus lucrandi) based on his actions. The court affirmed the lower court's judgment but modified it to include additional accessory penalties under the law. The other judges concurred with the opinion.

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    8/29/2019 PEOPLE v.

    SIA TEB BAN

    54 Phil. 52

    ROMUALDEZ, J.:
    Found guilty of qualified theft and habitual delinquency, the defendant was
    sentenced by the municipal court of Manila, and on appeal, by the Court of First
    Instance of this City, to two years, four months, and one day presidio correccional,
    with costs, and to the additional penalty of twenty-one years' imprisonment.
    He now contends that he is not guilty of the crime with which he is charged.
    But it has been proved that he took the watch described in the information without
    the owner's consent, having been overtaken a few moments later by a friend of the
    offended party, who found the stolen Watch on the appellant. It is alleged
    that animus lucrandi has not been proved. We find it sufficiently established, as the
    acts of the accused (one's intention may be gathered from one's deeds) unequivocally
    show.
    It is a fundamental doctrine of law that the act penalized by the law is presumed to be
    voluntary unless the contrary is shown (art. 1, Penal Code). And from the appellant's
    felonious acts, freely and deliberately executed, the moral and legal presumption of a
    criminal and injurious intent arises conclusively and indisputably, in the absence of
    evidence to the contrary (sec. 334, No. 2, Act No. 190).
    In view of the fact that we find no merit in this appeal and that the law provides for
    the imposition of accessory penalties, the appealed judgment is modified, the
    appellant being sentenced to the accessory penalties provided in article 58 of the
    Penal Code, the said judgment being affirmed in all other respects, with costs against
    the appellant. So ordered.
    Avanceña, C. J., Johnson, Street, Malcolm, Ostrand, and Johns, JJ., concur.

    http://lawyerly.ph/juris/view/c148c 1/1

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