ASSOCIATION OF BAPTISTS FOR WORLD EVANGELISM, INC., Plaintiff, v.

FIELDMENS
INSURANCE CO., INC., Defendant-Appellant.
[G.R. No. L-28772. September 21, 1983.]

Facts:
Plaintiff, having an insurable interest in a Chevrolet Carry-all, 1955 Model, owned by Reverend Clinton
Bonnel, insured said vehicle with the defendant under Fieldmens Insurance Co., Inc. against loss or
damage up to the amount of P5,000.00. The Comprehensive Policy issued by the Fieldmens insurance
company includes loss of or damage to the motor vehicle by "burglary . . . or theft."
The aforementioned Chevrolet Carry-all was placed at the Jones Monument Mobilgas Service Station at
Davao City for display as being for sale. Romeo Catiben, one of the boys at the service station, took the
vehicle for a joy ride to Toril, Davao City without the knowledge of the stations operator and while the
same was in his possession he bumped it against an electric post resulting in damages.
Issue:
Whether or not the act of Romeo Catiben within the definition of theft per insurance policy?
Whether or not there is a need of prior conviction of Romeo Catiben for theft for the damage to be
compensable by the insurance company?
Rulings:
The Comprehensive Policy issued by the insurance company includes loss of or damage to the motor
vehicle by "burglary . . . or theft." It is settled that the act of Catiben constitutes theft within the meaning of
the insurance policy.". . . where a car is admittedly unlawfully and wrongfully taken by some people, be
they employees or not to whom it had been entrusted, without the owners consent or knowledge, such
taking constitutes or partakes of the nature of theft as defined in Article 308 of the Revised Penal Code.
There need be no prior conviction for the crime of theft to make an insurer liable under the theft clause of
the policy. Besides, there is no provision in the policy requiring prior criminal conviction for theft.
Accordingly, the Supreme Court affirmed the decision of the Trial court ordering the defendant Fieldmens
insurance company to pay P 5,000.00 to the plaintiff as indemnity for the damaged sustained by the
vehivle.