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Canceran Vs People

Jovito Canceran was charged with frustrated theft for stealing boxes of ponds worth 28,627 pesos from a grocery store. He claimed an unnamed man asked him to pay for the boxes without checking the contents. The court found him guilty of attempted theft, not consummated theft as charged, as he could only be convicted of the crime specified in the information. There was also no double jeopardy as the first case was dismissed before he entered a plea and the dismissal was not due to acquittal or conviction. The court sentenced Canceran to an indeterminate prison term of 4 months to 2 years for the crime of attempted theft.

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58 views1 page

Canceran Vs People

Jovito Canceran was charged with frustrated theft for stealing boxes of ponds worth 28,627 pesos from a grocery store. He claimed an unnamed man asked him to pay for the boxes without checking the contents. The court found him guilty of attempted theft, not consummated theft as charged, as he could only be convicted of the crime specified in the information. There was also no double jeopardy as the first case was dismissed before he entered a plea and the dismissal was not due to acquittal or conviction. The court sentenced Canceran to an indeterminate prison term of 4 months to 2 years for the crime of attempted theft.

Uploaded by

sam baysa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Canceran vs.

People (2) Years, Four (4) Months of Prision


Correccional, as maximum.
Facts: Canceran was charged with "Frustrated
Theft” after he was caught stealing 14 boxes of
ponds worth Php 28,627.20 pesos at Ororama
Mega Center Grocery Department when security
guard and packer inspected the supposedly magic
flakes boxes that he was supposed to pay.
Defense of Canceran: he was requested by an
unnamed man to pay those boxes and he just did
it without checking the boxes. Canceran further
claimed that an earlier Information for theft was
already filed on October 9,2002 which was
eventually dismissed. In January 2003, a second
Information was filed for the same offense over
the same incident and became the subject of the
present case.
Issues: 1] whether Canceran should be acquitted
in the crime of theft as it was not charged in the
information; and 2] whether there was double
jeopardy.
Ruling: An accused cannot be convicted of a
higher offense than that with which he was
charged in the complaint or information and on
which he was tried. Although the evidence
presented during the trial prove the crime of
consummated Theft, he could be convicted of
Attempted Theft only. Regardless of the
overwhelming evidence to convict him for
consummated Theft, because the Information did
not charge him with consummated Theft, the
Court cannot do so as the same would violate his
right to be informed of the nature and cause of the
allegations against him. he requirement of
alleging the elements of a crime in the
information is to inform the accused of the nature
of the accusation against him so as to enable him
to suitably prepare his defense.
There is no double jeopardy. First, he never
entered a valid plea. He himself admitted that he
was just about to enter a plea, but the first case
was dismissed even before he was able to do so.
Second, there was no unconditional dismissal of
the complaint. The case was not terminated by
reason of acquittal nor conviction but simply
because he posted bail. Absent these two
elements, there can be no double jeopardy.
Petition was granted, CA decision was
MODIFIED, in that, the Court finds accused
Jovito Canceran guilty beyond reasonable doubt
of the crime of Attempted Theft.Accordingly, the
Court sentences the accused to suffer the
indeterminate prison term ranging from Four (4)
Months of Arresto Mayor, as minimum, to Two

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