The finders keepers | SC - ..the failure, per se, to turn it over to the mayor does not constitute the crime of theft.
As it stands now, the proper thing for a finder of a lost property of unknown owner, except hidden treasure, to do is to return or turn it over to the proper authority, who is the mayor of the city or municipality where the finding has taken place.
Thereafter, the provision in Article 719 shall apply. Nevertheless, the failure, per se, to turn it over to the mayor does not constitute the crime of theft. People v. Rodrigo instructs that there must be a deliberate failure on the part of the finder to return the lost thing. Thus:
[U]nder paragraph 2, subparagraph (1), the elements are (1) the finding of lost property; and (2) the failure of the finder to deliver the same to the local authorities or to its owner.
In this kind of theft intent of gain is inferred from the deliberate failure to deliver the lost property to the proper person, the finder knowing that the property does not belong to him.
[ G.R. No. 218969, January 18, 2021 ]
FERNANDO PANTE Y RANGASA PETITIONER, VS. PP, SEPARATE CONCURRING OPINION
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