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Pideli Vs. People

ERNESTO PIDELI, Petitioner, versus PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 163437 | 2008-02-13

D E C I S I O N


REYES, R.T., J.:

ON appeal via petition for review on certiorari under Rule 45 is the Decision[1] of the Court of Appeals (CA), affirming that[2] of the Regional Trial Court (RTC) in Baguio City, convicting petitioner Ernesto Pideli of theft in the amount of P49,500.00 belonging to his brother's business partner. The appeal zeroes in on the questions of ownership, unlawful taking and intent to gain. In short, is it estafa or theft?

The Facts

Sometime in March 1997, Placido Cancio (Placido) and Wilson Pideli (Wilson) entered into a verbal partnership agreement to subcontract a rip-rapping and spillway project at...