LUIS MARCOS LAUREL VS. HON. ZEUS C. ABROGAR, ETAL.

, FACTS: PETITIONER IS ONE OF THE ACCUSED IN CHARGED FOR THEFT AND DOCKETED AS CRIM. CASE NO. 99-2425 BEFORE RTC-MAKATI BR. 150 PETITIONER FILED A MOTION TO QUASH WITH MOTION TO DEFER ARRAIGNMENT ALLEGING THEREIN THAT THE INFORMATION DOES NOT CONSTITUTE THE FELONY OF THEFT THE SAME WAS DENIED BY THE COURT, MOTION FOR RECONSIDERATION WAS ALSO FILED AND DENIED PETITIONERS SPECIAL CIVIL ACTION FOR CERTIORARI WAS FILED AND THE SAME WAS DISMISSED BY THE CA ---THEFT CANNOT BE CONSTITUTED SINCE INTERNATIONAL LONG DISTANCE CALLS AND BUSINESS OF PROVIDING TELECOMMUNICATION OR TELEPHONE SERVICES ARE NOT CONSIDERED PERSONAL PROPERTY PLDT FILED A MR WITH MOTION TO REFER THE CASE TO THE SC EN BANC PLDT ALLEGED THAT THE RPC SHOUL BE INTERPRETED IN THE CONTEXT OF THE NCCS DEFINITION OF REAL AND PERSONAL PORPERTY PLDT ALSO ALLEGES THAT THE BUSINESS OF TELEPHONE SERVICE IS CAPABLE OF APPROPRIATION AND CAN BE THE OBJECT OF THEFT

ISSUE: W/N PLDT SERVICES IS CONSIDERED AS PERSONAL PROPERTY

HELD: THE PETITION IS GRANTED. THE RTC IS DIRECTED TO ISSUE AN ORDER GRANTING THE MOTION OF THE PETITIONER.