Issue: WON based on the evidence on record, petitioner is guilty beyond reasonable doubt of violating provisions of PD 533, Anti-Cattle Rustling Law.
YES.
Conviction for cattle-rustling necessitates the concurrence of the following elements:
- large cattle is taken;
- it belongs to another;
- the taking is done without the consent of the owner/raiser:
- the taking is done by any means, method, or scheme;
- the taking is accomplished with or without violence or intimidation against persons or force upon things.
Considering that the gravamen of the crime is the taking or killing or large cattle or taking its meat or hide without the consent of the owner or raiser, conviction for the same need only be supported by the fact of taking without the cattle owner's consent.
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