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JOVITO CANCERAN v. PEOPLE

FACTS:

Jovito Canceran, along with Frederick Vequizo and Marcial Diaz Jr., was charged with "Frustrated Theft." Damalito Ompoc testified that he saw Canceran purchase two boxes of Magic Flakes from a counter in Ororama Mega Center. However, upon inspection, it was found that the boxes contained 14 smaller boxes of Ponds White Beauty Cream. Canceran quickly fled but was captured afterwards. William Michael N. Arcenio refused to reconcile with him, and Canceran's personal belongings were kept in Arcenio's office. Canceran denied the charges, claiming to be a promo merchandiser at the time. He stated that he was unaware of the box contents and that he was caught and assaulted by the pursuers. Canceran also argued that double jeopardy did not apply because the previous case had been dismissed. The RTC found Canceran guilty of consummated theft, resulting in imprisonment. The CA upheld the RTC's decision but modified the penalty. Following this, Canceran filed a petition for review on certiorari to reverse the CA's decisions.

ISSUES:

  1. Whether the accused can be convicted of a higher offense than the one charged in the information.

  2. Whether there is double jeopardy in this case.

  3. What is the penalty for attempted theft?

RULING:

  1. No, an accused cannot be convicted of a higher offense than the one charged in the complaint or information. The right to be informed of the nature and cause of the accusation is guaranteed by the Constitution. In this case, even if the evidence presented during the trial proved the crime of consummated Theft, the accused can only be convicted of Attempted Theft because the information charged him with theft in its attempted stage only. The Court held that the designation of the offense in the information is not controlling, but rather, the actual recital of facts in the complaint or information. Regardless of the overwhelming evidence, an accused cannot be convicted of a crime unless it is alleged or necessarily included in the information filed against him.

  2. There is no double jeopardy in this case as legal jeopardy did not attach. The accused never entered a valid plea and the case was not unconditionally dismissed.

  3. The penalty for attempted theft is an indeterminate prison term ranging from Four (4) Months of Arresto Mayor, as minimum, to Two (2) Years, Four (4) Months of Prision Correccional, as maximum.

PRINCIPLES:

  • Double jeopardy: No person shall be twice put in jeopardy for punishment for the same offense. Jeopardy attaches upon a valid indictment, before a competent court, after arraignment, a valid plea having been entered, and the case being dismissed or otherwise terminated without the express consent of the accused.

  • Penalty for attempted theft: The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon principals in an attempt to commit a felony. The indeterminate sentence law applies in determining the penalty for attempted theft.