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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under the Revised Penal Code, theft is the taking of another’s personal property without consent and without violence or force, done with intent to gain. When committed under certain aggravating circumstances, the offense becomes qualified theft, warranting a higher penalty.
The Revised Penal Code (RPC) defines Theft and Qualified Theft as follows:
Article 308. Who are liable for theft. – Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.
Theft is likewise committed by:
- Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
- Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and
- Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products.
Article 310. Qualified theft. – The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.
Jurisprudence provides the elements for these two distinct offenses.
In Alfonso v. People of the Philippines (G.R. No. 228745, August 26, 2020), the Supreme Court enumerated the essential elements of theft as follows: (1) the taking of personal property; (2) the property belongs to another; (3) the taking away was done with intent of gain; (4) the taking away was done without the consent of the owner; and (5) the taking away is accomplished without violence or intimidation against person or force upon things.
On the other hand, the elements of qualified theft are: (1) there was a taking of personal property; (2) the said property belongs to another; (3) the taking was done without the consent of the owner; (4) the taking was done with intent to gain; (5) the taking was accomplished without violence or intimidation against person, or force upon things; and (6) the taking was done under any of the circumstances enumerated in Article 310 of the RPC. (People of the Philippines v. Yolanda Santos, G.R. No. 237982, October 14, 2020)
The distinction between simple theft and qualified theft is that in the latter, qualifying circumstances under Article 310 of the RPC are attendant.
The Supreme Court has explained that grave abuse of trust is a circumstance which aggravates and qualifies the commission of the crime of theft; hence, the imposition of a higher penalty is necessary. In qualified theft, the taking must be the result of a relation by reason of dependence, guardianship, or vigilance, between the accused and the offended party that has created a high degree of confidence between them. (Homol v. People of the Philippines, G.R. No. 191039, August 22, 2022)
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