US vs Carlos

G.R. No. 6295, September 1, 1911

Art. 416 Movable property
Lingal,Dianne S., 2016186261
Property, August 22, 2017
Issue

Whether or not larceny can be committed against an

intangible such as electricity.
Rule of Law
Article 517 of the Penal Code
The following are guilty of larceny:
(1) Those who with intent of gain and without violence or intimidation
against the person, or force against things, shall take another's personal
property without the owner's consent.
Analysis
Ignacio Carlos stole about 2273 kilowatts of electricity worth 909
pesos from Meralco. After due consideration, the trial court found
the defendant guilty of the crime of theft and sentenced him to
over a year in jail. Hence, this petition.
Plaintiff (United States) Defendant (Ignacio Carlos)
Electricity can be Electrical energy cant be stolen.
considered as gas which The only subjects of larceny are tangible,
movable, chattels, something which could
can be stolen.
be taken in possession and carried away,
and which had some, although trifling,
intrinsic value, and also to show that
electricity is an unknown force and can not
be a subject of larceny.
Conclusion
Yes, larceny of incorporeal objects is possible. The right of
ownership of electrical current was secured by Art 517 and 518 of
the Penal Code which applies to gas.
It is true that electricity is no longer, as formerly, regarded by
electricians as a fluid, but its manifestation and effects, like those of
gas, may be seen and felt. The true test of what is a proper subject
of larceny seems to be not whether the subject is corporeal, but
whether it is capable of appropriation by another than the owner.
Electricity, the same as gas, is a valuable article of merchandise,
bought and sold like other personal property and is capable of
appropriation by another. So no error was committed by the trial
court in holding that electricity is a subject of larceny.