Theft by Misappropriation: The Importance of Returning Lost Property

Fernando Pante y Rangasa v. People of the Philippines, G.R. No. 218969, January 18, 2021

Imagine finding a wallet stuffed with cash on the street. You might feel a rush of excitement, but what you do next could land you in legal trouble. This scenario played out in the case of Fernando Pante, who was convicted of theft for failing to return money he received from a minor who found it. The central legal question was whether Pante, not the original finder, could be held liable for theft. This case underscores the importance of understanding the legal obligations surrounding lost property.

Legal Context: The Crime of Theft and Lost Property

The Revised Penal Code (RPC) of the Philippines defines theft under Article 308, which includes the act of failing to return lost property to its owner or to local authorities. Specifically, Article 308, paragraph 2(1) states, “Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner.” This provision aims to ensure that lost items are returned to their rightful owners, preventing their misappropriation.

In legal terms, “theft” is the unlawful taking of property with the intent to gain. When it comes to lost property, the law requires the finder to take proactive steps to return it. If the owner is unknown, the finder must turn the item over to local authorities, as outlined in Article 719 of the New Civil Code. This article states that if the previous possessor is unknown, the finder must deposit the item with the mayor of the city or municipality where it was found.

To illustrate, consider a scenario where someone finds a lost smartphone. If they keep it without attempting to find the owner or turning it in to the police, they could be charged with theft. The law aims to protect owners from losing their property permanently and encourages honest behavior among finders.

Case Breakdown: The Journey of Fernando Pante

Fernando Pante’s story began when a minor found a bundle of money near a parked car. The minor shared this find with Pante and another minor, dividing the cash among themselves. Pante, the only adult involved, received a portion of the money and instructed the minors not to return it. Instead, he used his share to purchase various items, only returning some of the money when confronted by the police.

The case progressed through the legal system, starting with the Regional Trial Court (RTC) of Pili, Camarines Sur, which found Pante guilty of theft. Pante appealed to the Court of Appeals (CA), arguing that he was not the original finder and therefore could not be convicted. The CA affirmed the RTC’s decision, emphasizing that Pante was a “finder in law,” liable for theft despite not being the first to find the money.

The Supreme Court upheld the CA’s decision, clarifying the concept of “finder in law.” The Court stated, “The gist of this offense is the furtive taking and misappropriation of the property found, with knowledge of its true ownership.” It further explained, “The accused was a finder in law, if not in fact; and his act in appropriating the property was of precisely the same character as if it had been originally found by him.”

The procedural journey involved:

• The RTC’s initial conviction of Pante for theft.
• Pante’s appeal to the CA, which affirmed the conviction.
• The Supreme Court’s review and affirmation of the lower courts’ decisions, with a modification of the penalty based on Republic Act No. 10951.

Practical Implications: Navigating Lost Property Laws

This ruling reinforces the legal duty to return lost property, whether you are the original finder or someone who receives it from another. It serves as a reminder that ignorance of the owner’s identity does not excuse the failure to turn in lost items to local authorities.

For businesses and property owners, this case highlights the importance of clear policies on handling lost items found on their premises. Individuals should be aware that keeping found property without attempting to return it can lead to criminal charges.

Key Lessons:

• Always attempt to return lost property to its owner or turn it over to local authorities.
• Understand that receiving lost property from another person places you under the same legal obligations as the original finder.
• Keep records of any lost items you find or receive, including attempts to return them, to protect yourself legally.

Frequently Asked Questions

What should I do if I find lost property?

If you find lost property, you should make a reasonable effort to return it to its owner. If the owner is unknown, turn it over to local authorities, such as the mayor’s office or police.

Can I be charged with theft if I keep lost property?

Yes, keeping lost property without attempting to return it to the owner or local authorities can lead to a charge of theft under Article 308 of the RPC.

What if someone gives me lost property they found?

If you receive lost property from someone else, you are considered a “finder in law” and must also attempt to return it to the owner or turn it over to local authorities.

Is there a time limit for returning lost property?

While there is no specific time limit, you should act promptly to return lost property. Delaying without a valid reason could be seen as an intent to keep the property, leading to theft charges.

What if I use the lost property before returning it?

Using lost property before attempting to return it can be seen as misappropriation and may result in a theft charge. It’s best to return the property in its original state.

ASG Law specializes in criminal law and property law in the Philippines. Contact us or email hello@asglawpartners.com to schedule a consultation.