People v. Tambunting
REITERATIONFacts
The Antecedents: The accused, Manuel Tambunting, and his wife occupied the upper floor of a house where the Manila Gas Corporation had previously installed gas apparatus. The gas company disconnected the supply and removed the meter when the previous occupants left. Procedural History: The Court of First Instance of Manila found the accused guilty of stealing gas, sentencing him to imprisonment and indemnity. The Petition: The accused appealed the judgment of the lower court.
Issue(s)
Whether gas can be the subject of larceny. Whether the quantity of gas appropriated was established with sufficient certainty.
Ruling
The Supreme Court affirmed the judgment of the lower court, finding the accused guilty of larceny of gas. The Court held that gas is a subject of larceny and that the value of the stolen gas could be determined by the minimum charge of P2 per month, ordering indemnity of P4.
Ratio Decidendi
On whether gas can be the subject of larceny: The Court held that gas is a valuable article of merchandise, bought and sold like other personal property, and is susceptible of being severed from a larger quantity and transported. Therefore, it can be the subject of larceny. The Court cited previous rulings on electric current and analogous decisions from Spanish, English, and American courts, as well as legal commentary from Ruling Case Law, which states that gas, water confined in pipes, and electricity conveyed by wires are subjects of larceny. On whether the quantity of gas appropriated was established with sufficient certainty: The Court found that while absolute certainty was impossible due to the absence of a meter, the trial court was justified in fixing the value of the gas at P2 per month, which is the minimum charge by the gas company for any consumption. Evidence showed that the minimum charge for domestic use was P2 per month, and the average consumption for similar kitchens ranged from P8 to P20. This minimum charge established a determinable value for the gas taken, making the accused liable to that extent.
Main Doctrine
Gas, being a valuable article of merchandise susceptible of being severed and transported, can be the subject of larceny. The value of stolen gas can be determined by the minimum charge for consumption.