SORIANO VS PEOPLE

FACTS: Soriano was charged for the crime of theft of one electric motor marked Cyclix with Western
Electric Company cable, one lantern slide projector with their corresponding accessories belonging to
the eagle Cinema Co. Inc., represented by its President Manager Benedicto. Base from the letter of
Emilia, Soriano was in charge of collecting rents and transmitting them to her since appellant was their
representative. Eagle Cinema Co. was indebted to the Saenz for rents due on account of lease and that
appellant in the exercise of the powers conferred upon him could have sued said debtor to foreclose the
mortgage executed by Eagle Cinema Co. if he could not have better understanding with Manager
Benedicto. It is no longer disputed that properties of Eagle cinema in the building were losts and was
found in the house and possession of appellant after repeatedly denying of their loss.
ISSUE: whether or not the actions of appellant constitutes theft.
RULING: one element to constitute theft in the act of taking and in this regard appellant cannot be held
guilty of theft for the taking of properties because as an attorney-in-fact of Saenz it is his only duty to
protect the rights and interests of his principals. The act of appellant in keeping the properties in his
house was to protect the interest of Suanez in good faith for believing that he has the power to do so
under the virtue of mortgage because he was given the power to recover all money or debts due.
Appellant acted with intent to gain in keeping those properties when concealed from the owner and the
police officers that he possessed those materials he kept. But appellant defended that it was a part of
his securing those properties to pay for the debts and rentals due to his principals in relation to the
mortgage properties. Petition for writ of certiorari is denied, costs against the petitioner.