218418-2019-People_v._Molde20190218-5466-1iyeqdz.pdf - FIRST DIVISION[G.R No 228262 PEOPLE OF THE PHILIPPINES plaintiff-appellee vs JOENIL PIN MOLDE

218418-2019-People_v._Molde20190218-5466-1iyeqdz.pdf -...

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FIRST DIVISION [G.R. No. 228262. January 21, 2019.] PEOPLE OF THE PHILIPPINES PEOPLE OF THE PHILIPPINES, plaintiff-appellee , vs. JOENIL PIN JOENIL PIN MOLDE MOLDE, accused-appellant . DECISION DEL CASTILLO DEL CASTILLO, J p : Assailed in this appeal is the October 30, 2015 Decision 1 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06077 which a8rmed the April 3, 2013 Decision 2 of the Regional Trial Court (RTC), Branch 197, Las Piñas City, =nding Joenil Pin Molde (appellant) guilty beyond reasonable doubt of the crime of qualified theft. The Antecedent Facts Appellant was charged with the crime of quali=ed theft under Article 310, in relation to Article 308, of the Revised Penal Code (RPC) in an Information which reads: That on or about the 26th day of May 2010, in the City of Las Piñas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being then the former ACCOUNTING IN CHARGE of SUN PRIDE FOODS, INC. Las Piñas City branch, herein represented by: complainant HENRY DY, and as such he has custody of all the cash collections and checks of the said company and enjoying the trust and con=dence reposed upon him by said complainant, with intent to gain and without the knowledge and consent of the latter and with grave abuse of con=dence, did then and there willfully, unlawfully and feloniously take, steal and carry away cash money amounting to Php1,149,960.56, belonging to the said SUN PRIDE FOODS, INC. herein represented by: HENRY DY, to the damage and prejudice of the latter in the total amount of Php1,149,960.56. CONTRARY TO LAW. 3 During his arraignment on November 15, 2010, appellant entered a plea of not guilty. 4 Trial thereafter ensued. Version of the Prosecution The prosecution's version of the incident is as follows: Appellant was hired as an o8ce clerk by Sun Pride Foods, Inc. (Sun Pride) in 2006. In February 2008, he was assigned to the company's Las Piñas Branch as the "accounting-in-charge." 5 As such, appellant had custody over the cash and check collections of sales agents as well as the Weekly Remittance Transmittal Reports (WRTR) submitted by them. 6 In particular, he was in-charge of depositing the cash payments in Sun Pride's account with the Bank of the Philippine Islands (BPI), and sending the checks issued as payments for Sun Pride to its main o8ce in Cebu City. 7 SDAaTC Sometime in 2010, Grace Maquiling, the overall head of accounting of Sun Pride, ordered an investigation with regard the low cash remittances from the company's Las CD Technologies Asia, Inc. © 2019 cdasiaonline.com
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Piñas Branch. After the audit conducted by Mariano Victorillo (Victorillo), Sun Pride's internal auditor, it was discovered that the total amount unremitted to Sun Pride had ballooned to P1,149,960.56, comprising of P757,998.35 in cash and P391,962.21 in checks. 8 After furnishing appellant with a copy of the audit report, Sun Pride sent two demand letters requiring the former to pay the total unremitted amount but to no avail.
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