UNIVERSITY OF CEBU – BANILAD CAMPUSBanilad, Cebu City

College of Law

Reaction Paper on the Case:People of the Philippines vs. Mark

Anthony Sas

MARY GRACE B. CUYNOJD – 1

ATTY. JUDIEL M. PAREJAProfessor

I. Abstract

The term theft is used widely to refer to crimes involving the taking of a person’s property without

their permission. The word is also used as an informal shorthand term for some crimes against property

such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft, and fraud (i.e.,

obtaining money under false pretenses).

This paper reports about a crime involving the taking of a person’s property without their

permission and with the intent to deprive the rightful owner of it.

II. Synopsis

Roberto Rivera, complainant, accuses Mark Anthony Sas, for the crime of theft that he committed

on or about 5:30 o’clock in the morning; more or less, at Barangay West Poblacion, City of Naga,

Province of Cebu, Philippines.

Mark Anthony Sas was arrested thru citizen’s arrest by Roberto Rivera, after he was caught in the

act, with deliberate intent to gain and without knowledge and consent of the owner, entered Rivera’s

premise, then and there willfully, unlawfully and feloniously take, steal and carry away a fighting cock

(Lemon Sweater), color red, valued in the estimated amount of five thousand (P5,000.00) pesos, owned

by Roberto Rivera, to the latter’s damage and prejudice in the aforementioned amount, which was

recovered.

III. Reaction

Theft is often defined as the unauthorized taking of another person's property without that

person's permission or consent with the intent to deprive the rightful owner of it.  Within this definition lie

two key elements: (1) a taking of someone else’s property; and (2) the requisite intent to deprive the

victim of the property.

Mark Anthony Sas clearly committed the crime of theft when he took, stole, and carried away the

fighting cock of Roberto Rivera with the intent to gain and without the knowledge and consent of the

owner. The two elements of theft were present in the criminal act committed by the accused.

IV. Conclusion

Two key elements must be present in a criminal act to determine if it is a crime of theft: (1) a

taking of someone else’s property; and (2) the requisite intent to deprive the victim of the property. The

taking element in a theft typically requires seizing possession of property that belongs to another, and

may also involve removing o attempting to remove the property. However, it is the element of intent where

most of the complex legal challenges typically arise in theft-related cases.