[G.R. No. 140937.

February 28, 2001]

EXUPERANCIO
CANTA, petitioner, vs. PEOPLE
PHILIPPINES, respondent.

OF

THE

DECISION
MENDOZA, J.:

This is a petition for review on certiorari of the decision, dated August 31, 1999,
and resolution, dated November 22, 1999, of the Court of Appeals, [1] which affirmed
the decision of the Regional Trial Court, Branch 25, Maasin, Southern Leyte, [2] finding
petitioner Exuperancio Canta guilty of violation of P.D. No. 533, otherwise known as
the Anti-Cattle Rustling Law of 1974, and sentencing him to ten (10) years and one
(1) day of prision mayor, as minimum, to twelve (12) years, five (5) months, and
eleven (11) days of reclusion temporal medium, as maximum, and to pay the costs.
The information against petitioner alleged:
That on or about March 14, 1986, in the municipality of Malitbog, province of
Southern Leyte, Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused with intent to gain, did then and there, willfully, unlawfully and
feloniously, take, steal and carry away one (1) black female cow belonging to Narciso
Gabriel valued at Three Thousand Pesos (P3,000.00) without the knowledge and
consent of the aforesaid owner, to his damage and prejudice in the amount aforestated.
CONTRARY TO LAW.[3]
The prosecution established the following facts:
Narciso Gabriel acquired from his half-sister Erlinda Monter a cow, subject of the
case, upon its birth on March 10, 1984. The cow remained under the care of Erlinda
Monter for sometime. Subsequently, Narciso gave the care and custody of the animal,
first, to Generoso Cabonce, from October 24, 1984 to March 17, 1985; then to Maria
Tura, from May 17, 1985 to March 2, 1986; and lastly, to Gardenio Agapay, from
March 3, 1986 until March 14, 1986 when it was lost. [4] It appears that at 5 oclock in
the afternoon of March 13, 1986, Agapay took the cow to graze in the mountain of

Pilipogan in Barangay Candatag, about 40 meters from his hut. However, when he
came back for it at past 9 oclock in the morning of March 14, 1986, Agapay found the
cow gone. He found hoof prints which led to the house of Filomeno Vallejos. He was
told that petitioner Exuperancio Canta had taken the animal. [5]
Upon instructions of the owner, Gardenio and Maria Tura went to recover the
animal from petitioners wife, but they were informed that petitioner had delivered the
cow to his father, Florentino Canta, who was at that time barangay captain of Laca,
Padre Burgos, Southern Leyte. Accordingly, the two went to Florentinos house. On
their way, they met petitioner who told them that if Narciso was the owner, he should
claim the cow himself. Nevertheless, petitioner accompanied the two to his fathers
house, where Maria recognized the cow. As petitioners father was not in the house,
petitioner told Gardenio and Maria he would call them the next day so that they could
talk the matter over with his father.
However, petitioner never called them. Hence, Narciso Gabriel reported the
matter to the police of Malitbog, Southern Leyte. [6] As a result, Narciso and petitioner
Exuperancio were called to an investigation. Petitioner admitted taking the cow but
claimed that it was his and that it was lost on December 3, 1985. He presented two
certificates of ownership, one dated March 17, 1986 and another dated February 27,
1985, to support his claim (Exh. B).[7]
Narciso presented a certificate of ownership issued on March 9, 1986, signed by
the municipal treasurer, in which the cow was described as two years old and
female. On the reverse side of the certificate is the drawing of a cow with cowlicks in
the middle of the forehead, between the ears, on the right and left back, and at the base
of the forelegs and hindlegs (Exhs. C, C-1 to 4). [8] All four caretakers of the cow
identified the cow as the same one they had taken care of, based on the location of its
cowlicks, its sex, and its color. Gardenio described the cow as black in color, with a
small portion of its abdomen containing a brownish cowlick, a cowlick in the middle
of the forehead, another at the back portion between the two ears, and four cowlicks
located near the base of its forelegs and the hindlegs. [9]
On the other hand, petitioner claimed he acquired the animal under an agreement
which he had with Pat. Diosdado Villanueva, that petitioner take care of a female cow
of Pat. Villanueva in consideration for which petitioner would get a calf if the cow
produced two offsprings. Petitioner claimed that the cow in question was his share and

that it was born on December 5, 1984. This cow, however, was lost on December 2,
1985. Petitioner said he reported the loss to the police ofMacrohon, Padre Burgos, and
Malitbog, on December 3, 1985 (Exh. A and Exh. 1). [10]
Petitioner said that on March 14, 1986, his uncle Meno told him that he had seen
the cow at Pilipogan, under the care of Gardenio Agapay. He, therefore, went to
Pilipogan with the mother cow on March 14, 1986 to see whether the cow would
suckle the mother cow. As the cow did, petitioner took it with him and brought it,
together with the mother cow, to his father Florentino Canta. [11] Maria Tura tried to get
the cow, but Florentino refused to give it to her and instead told her to callNarciso so
that they could determine the ownership of the cow.[12] As Narciso did not come the
following day, although Maria did, Florentino said he told his son to take the cow to
the Municipal Hall of Padre Burgos. Petitioner did as he was told. Three days later,
Florentino and Exuperancio were called to the police station for investigation. [13]
Petitioner presented a Certificate of Ownership of Large Cattle dated February 27,
1985[14] and a statement executed by Franklin Telen, janitor at the treasurers office of
the municipality of Padre Burgos, to the effect that he issued a Certificate of
Ownership of Large Cattle in the name of petitioner Exuperancio Canta on February
27, 1985 (Exh. 5).[15] The statement was executed at the preliminary investigation of
the complaint filed by petitioner against Narciso. [16]
Petitioners Certificate of Ownership was, however, denied by the municipal
treasurer, who stated that petitioner Exuperancio Canta had no Certificate of
Ownership of Large Cattle in the municipality of Padre Burgos (Exhs. E, E-1 and 2).
[17]
On the other hand, Telen testified that he issued the Certificate of Ownership of
Large Cattle to petitioner on March 24, 1986 but, at the instance of petitioner, he
(Telen) antedated it to February 27, 1985.[18]
On January 24, 1997, the trial court rendered its decision finding petitioner guilty
of the offense charged. In giving credence to the evidence for the prosecution, the trial
court stated:
From the affidavits and testimonies of the complainant and his witnesses, it is
indubitable that it was accused Exuperancio Canta who actually took the cow away
without the knowledge and consent of either the owner/raiser/caretaker Gardenio
Agapay.

That the taking of the cow by the accused was done with strategy and stealth
considering that it was made at the time when Gardenio Agapay was at his shelter-hut
forty (40) meters away tethered to a coconut tree but separated by a hill.
The accused in his defense tried to justify his taking away of the cow by claiming
ownership. He, however, failed to prove such ownership. Accused alleged that on
February 27, 1985 he was issued a Certificate of Ownership of Large Cattle (Exh. 2A) for his cow by Franklin Telen, a janitor at the Office of the Municipal Treasurer of
Padre Burgos, a neighboring town. On rebuttal Franklin Telen denied in Court the
testimony of the accused and even categorically declared that it was only on March
24, 1986 that the accused brought the cow to the Municipal Hall of Padre Burgos,
when he issued a Certificate of Ownership of Large Cattle for the cow, and not on
February 27, 1985. Franklin Telen testified thus:
Q. According to the defense, this Certificate of Ownership of Large Cattle
was issued by you on February 27, 1985. Is that correct?
A. Based on the request of Exuperancio, I antedated this.
(TSN, June 3, 1992, p. 7)
The testimony of Franklin Telen was confirmed in open court by no less than the
Municipal Treasurer of Padre Burgos, Mr. Feliciano Salva. (TSN, September 29,
1992, pp. 5-8).
If accused Exuperancio Canta were the owner of the cow in question, why would he
lie on its registration? And why would he have to ask Mr. Franklin Telen to antedate
its registry? It is clear that accused secured a Certificate of Ownership of Large Cattle
(Exh. 2-A) by feigning and manipulation (Exhs. A & B) only after the act complained
of in the instant case was committed on March 14, 1986. His claim of ownership upon
which he justifies his taking away of the cow has no leg to stand on. Upon the other
hand, the complainant has shown all the regular and necessary proofs of ownership of
the cow in question.[19]
The Court of Appeals affirmed the trial courts decision and denied petitioners
motion for reconsideration. Hence, this petition. It is contended that the prosecution
failed to prove beyond reasonable doubt his criminal intent in taking the disputed cow.

First. Petitioner claims good faith and honest belief in taking the cow. He cites the
following circumstances to prove his claim:
1. He brought the mother cow to Pilipogan to see if the cow in question would suckle to the
mother cow, thus proving his ownership of it;
2. He compared the cowlicks of the subject cow to that indicated in the Certificate of Ownership
of Large Cattle issued on February 27, 1985 in his name, and found that they tally;
3. He immediately turned over the cow to the barangay captain, after taking it, and later to the
police authorities, after a dispute arose as to its ownership; and
4. He filed a criminal complaint against Narciso Gabriel for violation of P. D. No. 533.

These contentions are without merit.

P.D. No. 533, 2(c) defines cattle-rustling as
. . . the taking away by any means, methods or scheme, without the consent of the
owner/raiser, of any of the abovementioned animals whether or not for profit or gain,
or whether committed with or without violence against or intimidation of any person
or force upon things.
The crime is committed if the following elements concur: (1) a large cattle is
taken; (2) it belongs to another; (3) the taking is done without the consent of the
owner; (4) the taking is done by any means, methods or scheme; (5) the taking is with
or without intent to gain; and (6) the taking is accomplished with or without violence
or intimidation against person or force upon things.[20]
These requisites are present in this case. First, there is no question that the cow
belongs to Narciso Gabriel. Petitioners only defense is that in taking the animal he
acted in good faith and in the honest belief that it was the cow which he had
lost. Second, petitioner, without the consent of the owner, took the cow from the
custody of the caretaker, Gardenio Agapay, despite the fact that he knew all along that
the latter was holding the animal for the owner, Narciso. Third, petitioner falsified his
Certificate of Ownership of Large Cattle by asking Telen to antedate it prior to the
taking to make it appear that he owned the cow in question. Fourth, petitioner adopted
means, methods, or schemes to deprive Narciso of his possession of his cow, thus

manifesting his intent to gain. Fifth, no violence or intimidation against persons or

force upon things attended the commission of the crime.
Indeed, the evidence shows that the Certificate of Ownership of Large Cattle
which petitioner presented to prove his ownership was falsified. Franklin Telen, the
janitor in the municipal treasurers office, admitted that he issued the certificate to
petitioner 10 days after Narcisos cow had been stolen. Although Telen has previously
executed a sworn statement claiming that he issued the certificate on February 27,
1985, he later admitted that he antedated it at the instance of petitioner Exuperancio
Canta, his friend, who assured him that the cow was his. [21]
Telens testimony was corroborated by the certification of the municipal treasurer
of Padre Burgos that no registration in the name of petitioner was recorded in the
municipal records. Thus, petitioners claim that the cowlicks found on the cow tally
with that indicated on the Certificate of Ownership of Large Cattle has no value, as
this same certificate was issued after the cow had been taken by petitioner from
Gardenio Agapay. Obviously, he had every opportunity to make sure that the drawings
on the certificate would tally with that existing on the cow in question.
The fact that petitioner took the cow to the barangay captain and later to the police
authorities does not prove his good faith. He had already committed the crime, and the
barangay captain to whom he delivered the cow after taking it from its owner is his
own father. While the records show that he filed on April 30, 1986 a criminal
complaint against Narciso Gabriel, the complaint was dismissed after it was shown
that it was filed as a countercharge to a complaint earlier filed on April 16, 1986
against him by Narciso Gabriel.
Petitioner says that he brought a mother cow to see if the cow in question would
suckle to the mother cow. But cows frequently attempt to suckle to alien cows.
[22]
Hence, the fact that the cow suckled to the mother cow brought by petitioner is not
conclusive proof that it was the offspring of the mother cow.
Second. Petitioner contends that even assuming that his Certificate of Ownership
is not in order, it does not necessarily follow that he did not believe in good faith that
the cow was his. If it turned out later that he was mistaken, he argues that he
committed only a mistake of fact but he is not criminally liable.

Petitioners Certificate of Ownership is not only not in order. It is fraudulent,

having been antedated to make it appear it had been issued to him before he allegedly
took the cow in question. That he obtained such fraudulent certificate and made use of
it negates his claim of good faith and honest mistake. That he took the cow despite the
fact that he knew it was in the custody of its caretaker cannot save him from the
consequences of his act.[23] As the Solicitor General states in his Comment:
If petitioner had been responsible and careful he would have first verified the identity
and/or ownership of the cow from either Narciso Gabriel or Gardenio Agapay, who is
petitioners cousin (TSN, 9/12/91, p. 26). Petitioner, however, did not do so despite the
opportunity and instead rushed to take the cow. Thus, even if petitioner had
committed a mistake of fact he is not exempted from criminal liability due to his
negligence.[24]
In any event, petitioner was not justified in taking the cow without the knowledge
and permission of its owner. If he thought it was the cow he had allegedly lost, he
should have resorted to the court for the settlement of his claim. Art. 433 of the Civil
Code provides that The true owner must resort to judicial process for the recovery of
the property. What petitioner did in this case was to take the law in his own hands.
[25]
He surreptitiously took the cow from the custody of the caretaker, Gardenio
Agapay, which act belies his claim of good faith.
For the foregoing reasons, we hold that the evidence fully supports the finding of
both the trial court and the Court of Appeals that accused-appellant is guilty as
charged. There is therefore no reason to disturb their findings.
However, the decision of the Court of Appeals should be modified in two respects.
First, accused-appellant should be given the benefit of the mitigating circumstance
analogous to voluntary surrender. The circumstance of voluntary surrender has the
following elements: (1) the offender has not actually been arrested; (2) the offender
surrenders to a person in authority or to the latters agent; and (3) the surrender is
voluntary.[26] In the present case, petitioner Exuperancio Canta had not actually been
arrested. In fact, no complaint had yet been filed against him when he surrendered the
cow to the authorities. It has been repeatedly held that for surrender to be voluntary,
there must be an intent to submit oneself unconditionally to the authorities, showing
an intention to save the authorities the trouble and expense that his search and capture

would require.[27] In petitioners case, he voluntarily took the cow to the municipal hall
of Padre Burgos to place it unconditionally in the custody of the authorities and thus
saved them the trouble of having to recover the cow from him. This circumstance can
be considered analogous to voluntary surrender and should be considered in favor of
petitioner.
Second, the trial court correctly found petitioner guilty of violation of 2(c) of P. D.
No. 533, otherwise known as the Anti-Cattle Rustling Law of 1974.However, it erred
in imposing the penalty of 10 years and 1 day of prision mayor, as minimum, to 12
years, 5 months and 11 days of reclusion temporal medium, as maximum. The trial
court apparently considered P. D. No. 533 as a special law and applied 1 of the
Indeterminate Sentence Law, which provides that if the offense is punished by any
other law, the court shall sentence the accused to an indeterminate sentence, the
maximum term of which shall not exceed the maximum fixed by said law and the
minimum shall not be less than the minimum term prescribed by the same. However,
as held in People v. Macatanda,[28] P. D. No. 533 is not a special law. The penalty for
its violation is in terms of the classification and duration of penalties prescribed in the
Revised Penal Code, thus indicating that the intent of the lawmaker was to amend the
Revised Penal Code with respect to the offense of theft of large cattle. In fact, 10 of
the law provides:
The provisions of Articles 309 and 310 of Act No. 3815, otherwise known as the
Revised Penal Code, as amended, pertinent provisions of the Revised Administrative
Code, as amended, all laws, decrees, orders, instructions, rules and regulations which
are inconsistent with this Decree are hereby repealed or modified accordingly.
There being one mitigating circumstance and no aggravating circumstance in the
commission of the crime, the penalty to be imposed in this case should be fixed in its
minimum period. Applying the Indeterminate Sentence Law, in relation to Art. 64 of
the Revised Penal Code, petitioner should be sentenced to an indeterminate penalty,
the minimum of which is within the range of the penalty next lower in degree, i.
e., prision correccional maximum to prision mayor medium, and the maximum of
which is prision mayor in its maximum period.
WHEREFORE, the decision of the Court of Appeals is AFFIRMED, with the
modification that petitioner Exuperancio Canta is hereby SENTENCED to suffer a

prison term of four (4) years and two (2) months of prision correccional maximum, as
minimum, to ten (10) years and one (1) day of prision mayormaximum, as maximum.
SO ORDERED.
Bellosillo, (Chairman), Quisumbing, Buena, and De Leon, Jr., JJ., concur.