Haystack: US v. Tambunting (GR 16513, 18 January 1921)

US v. Tambunting
[G.R. No. 16513. January 18, 1921.]
En Banc, Street (J): 4 concur

Facts: On January 1918, Manuel Tambunting and his wife became occupants of the upper floor of the house situated at 443, Calle Evangelista, Manila. In this house the Manila Gas Corporation had previously installed apparatus for the delivery of gas on both the upper and lower floors, consisting of the necessary piping and a gas meter, which last mentioned apparatus was installed below. When the occupants at whose request this installation had been made vacated the premises, the gas company disconnected the gas pipe and removed the meter, thus cutting off the supply of gas from said premises. Upon 2 June 1919, one of the inspectors of the gas company visited the house in question, while Manuel Tambunting was not home, and found that gas was being used, without the knowledge and consent of the gas company, for cooking in the quarters occupied by the Tambuntings. Upon arrival, Tambunting admitted that he was using gas without knowledge of the company for 2-3 months but denied making the connection where the meter used to be installed.

Before the institution of the case in the CFI, the accused had been unsuccessfully prosecuted for an infraction of section 504 of the Revised Ordinances of the city of Manila, under a complaint charging that the accused, not being a registered installer of gas equipment, had placed a gas installation in the house at 443, Calle Evangelista.

Later, the gas company sued Manuel Tambunting at the CFI Manila; which later found the accused guilty of stealing a quantity of gas belonging to the Manila Gas Corporation, and sentencing him to undergo imprisonment for 2 months and 1 day (arresto mayor) with the accessories prescribed by law; to indemnify the said corporation in the sum of P2, with subsidiary imprisonment in case of insolvency; and to pay the costs. Tambunting appealed.

The Supreme Court affirmed the judgment with modification, it being understood that the amount of the indemnity which the accused shall pay to the gas company is P4, instead of P2, with subsidiary imprisonment for one day in case of insolvency; with costs against the appellant.

1. Right of ownership of electric current, gas, fluid used for lighting
The right of the ownership of electric current is secured by articles 517 and 518 of the Penal Code; the application of these articles in cases of substraction of gas, a fluid used for lighting, and in some respects resembling electricity, is confirmed by the rule laid down in the decisions of the supreme court of Spain of January 20, 1887, and April 1, 1897, construing and enforcing the provisions of articles 530 and 531 of the Penal Code of Spain, articles identical with above articles 517 and 518. These expressions were used in a case which involved the substraction and appropriation of electrical energy and the court held, in accordance with the analogy of the case involving the theft of gas, that electrical energy could also be the subject of theft (see US v. Genato, 15 Phil., 170, 175; US v. Carlos, 21 Phil., 553)

2. Landmark case as to issue whether taking of gas constitute larceny
The taking of gas may constitute larceny has never before been the subject of adjudication in the Supreme Court, but the decisions of Spanish, English, and American courts all answer the question in the affirmative. (See US vs. Carlos, 21 Phil., 553, 560.)

3. Gas has character of personal property, and may be subject of larceny
There is nothing in the nature of gas used for illuminating purposes which renders it incapable of being feloniously taken and carried away. It is a valuable article of merchandise, bought and sold like other personal property, susceptible of being severed from a mass or larger quantity and of being transported from place to place. Likewise water which is confined in pipes and electricity which is conveyed by wires are subjects of larceny (Ruling Case Law, Vol. 17, p. 34).

4. Justification of the P2 per month charge
The court was justified in fixing the value of the gas at P2 per month, which is the minimum charge for gas made by the gas company, however small the amount consumed. Presumably, no person desiring to use gas at all for domestic purposes can purchase the commodity at a lower rate per month than P2. There was evidence, however, before the court showing that the general average of the monthly bills paid by consumers throughout the city for the use of gas in a kitchen equipped like that used by the accused is from P18 to P20, while the average minimum is about P8 per month. We think that the facts above stated are competent evidence; and the conclusion is inevitable that the accused is at least liable to the extent of the minimum charge of P2 per month. Absolute certainty as to the full amount taken is of course impossible, because no meter was used; but absolute certainty upon this point is not necessary, when it is certain that the minimum that could have been taken was worth a determinable amount.

5. Acquittal in prosecution for violation of city ordinance not bar to prosecution for same offense under the general law of the land
Acquittal of the charge of illegal gas installation in violation of Section 504 of the Revised Ordinances of Manila does not bar his prosecution for the offense of theft, since the two offenses are of totally distinct nature. Furthermore, a prosecution for violation of a city ordinance is not ordinarily a bar to a subsequent prosecution for the same offense under the general law of the land. (US vs. Garcia Gavieres, 10 Phil., 694.)

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