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Empelis vs. Intermediate Appellate Court (IAC)

ELPIDIO EMPELIS, MAMERTO CARBUNGCO, SALVADOR CARBUNGCO and EMILIO CARBUNGCO, petitioners, vs. HON. INTERMEDIATE APPELLATE COURT and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. L-66136 | 1984-09-28

D E C I S I O N


RELOVA, J.:

The then Municipal Circuit Court of Dimasalang-Palanan-Uson, Masbate convicted herein petitioners of qualified theft of fifty coconuts valued at P50.00 and sentenced each of them to an indeterminate penalty of from four (4) to eight (8) years and one (1) day, to restore to the owner of the stolen coconuts, Guillermo Catarining the sum of P50.00 and to pay the costs.

From the foregoing judgment they went to the Intermediate Appellate Court claiming that the court a quo erred: (1) convicting all accused when there was no sufficient evidence to prove that they did gather and steal the coconut fruits of the coconut...