G.R. No. 225735, January 10, 2018
Intent to Gain
Facts: Mejares,
being then a domestic servant of complainant Jacqueline Suzanne
Gavino y Aquino, was charged with qualified theft of cash and
jewelry amounting to P1,556,308.00. The defense presented Mejares as
its lone witness. She denied the charge and claimed that she was a
victim of the dugo-dugo
gang.
Accused-appellant was convicted and filed an appeal on the ground
that her actions only reflected the will of her employer, emphasizing
that there could be no theft on her part because there was no intent
to gain.
Issue: Whether actual
gain necessary to prove an accused's intent to gain.
Held: No. Intent
to gain or animus
lucrandi is
an internal act that is presumed from the unlawful taking by the
offender of the thing subject of asportation. Actual gain is
irrelevant as the important consideration is the intent to gain. In
this case, it is clear from the established facts that it was
accused-appellant who opened the drawer in the masters' bedroom and
took away the cash and valuables it contained.
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