Petitioner, Gemma Jacinto was an employee of Megafoam International, received a check amounting to Pho 10, 000 as payment of Baby Aquino to her purchase to Megafoam. However, instead of delivering it to Megafoam, she deposited it to her bank account. The check was later discovered to be unfunded. Both RTC and CA ruled that the petitioner was guilty of qualified theft. Petitioner filed a petition for review of certiorari to SC.
Whether or not petitioner is correctly convicted for the crime of Qualified Theft.
NO. Petitioner is guilty of committing an impossible crime of theft only. The requisites of an impossible crime are: (1) that the act performed would be an offense against persons or property; (2) that the act was done with evil intent; and (3) that its accomplishment was inherently impossible, or the means employed was either inadequate or ineffectual. Petitioner’s evil intent cannot be denied, as the mere act of unlawfully taking the check meant for Mega Foam showed her intent to gain or be unjustly enriched. Were it not for the fact that the check bounced, she would have received the face value thereof, which was not rightfully hers. Therefore, it was only due to the extraneous circumstance of the check being unfunded, a fact unknown to petitioner at the time, that prevented the crime from being produced. The thing unlawfully taken by petitioner turned out to be absolutely worthless, because the check was eventually dishonored, and Mega Foam had received the cash to replace the value of said dishonored check.