SC affirms theft conviction

CEBU, Philippines – The Supreme Court has favored the conviction of a female pawnshop employee in Cebu City who was charged of stealing more than P400,000 worth of assorted jewelry and cellular phone cards twelve years ago.

In a decision penned by Associate Justice Jose Portugal Perez, the SC's First Division affirmed the decision of the trial court holding Carolina Boquecosa guilty of qualified theft.

Boquecosa worked as a vault custodian and sales clerk of Gemmary Pawnshop along Borromeo Street in Cebu City.

Boquecosa was sentenced to 20 years to 40 years in prison and ordered to pay the pawnshop for the P457,258.80 worth of stolen jewelry, unremitted class rings and cell card sales that were reported missing.

The pawnshop management discovered the offense of Boquecosa on March 1, 2003 after a customer tried to renew a loan but Boquecosa was not able to find the pawned item and show it to the latter. The pawned jewelry were not found even after a thorough search.

The management also found out in an inventory that Boquecosa, who was in-charge of receiving orders and payment for the class rings, failed to remit the proceeds from the said orders.

It then summoned Boquecosa who allegedly cried and admitted she used the missing class rings and cell card sales for her own use.

She also reportedly admitted she took a Japanese gold necklace valued at P41,000 and a gold bracelet worth P16,600 and pawned them at two other pawnshops using fictitious names.

During the arraignment, Boquecosa pleaded not guilty to the charge.

The trial court found Boquecosa guilty beyond reasonable doubt of qualified theft, which was affirmed by the Court of Appeals.

The defense then filed a petition for review, arguing that the trial court erred in convicting Boquecosa since no one was able to directly identify her as the culprit.

However, the SC dismissed the appeal and ruled that the prosecution was able to prove her guilt for violating Article 308 of the Revised Penal Code.

The SC also held Boquecosa's judicial admission of taking the jewelry from the vault and pawning them to two pawnshops as conclusive.

"As such custodian, Boquecosa was entrusted with the vault combination. Boquecosa gravely abused that trust and confidence, which her employer reposed upon her," the decision read.  (FREEMAN)