On

ART. 105

NOTES:

The convict cannot, by way of restitution, give to the offended
party a similar thing of the same amount, kind or species and
quality. The very thing should be returned.

If the property stolen while in the possession of the third party
suffers deterioration due to his fault, the court will assess
the amount of the deterioration and, in addition to the return
of the property, the culprit will be ordered to pay such amount.

The owner of the property illegally taken by the offender can
recover it from whomsoever is in possession thereof. Thus, even
if the property stolen was acquired by a 3rd person by purchase
without knowing that it has been stolen, such property will be
returned to the owner.

If the thing is acquired by a person knowing that it was stolen,
then he is an accessory and therefore criminally liable.

The third party who acquired the stolen property may be
reimbursed with the price paid therefor if it be acquired at
(a) a public sale and (b) in good faith.

Circumstances which bar an action for recovery: (a) torrens title,
(b) when sale is authorized

When the liability to return a thing arises from a contract,
and not from a criminal act, the court cannot order its return
in the criminal case

Restitution may be ordered, even if accused is acquitted,
provided the offense is proved and it is shown that the thing
belongs to someone else.

When crime is not against property, no restitution or reparation
of the thing can be done.

Payment of salary of an employee during the period of suspension
cannot, as a general rule, be properly decreed by the court in a
judgment of acquittal. It devolves upon the head of the department
concerned to do so.

The court has authority to order the reinstatement of the accused
acquitted of a crime punishable by the penalty of perpetual
or temporary disqualification.