THEFT

What is Theft?

 It 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

ARTICLE 308. WHO ARE LIABLE FOR THEFT

Who are liable for Theft?

1. 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.
o “Finder of Lost Property”
2. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
3. 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
o Elements:
 That there is an enclosed estate or a field where trespass is forbidden or which
belongs to another
 That the offender enters the same
 That the offender hunts or fishes upon the same or gathers fruits, cereals or
other forest or farm products in the estate or field
 That the hunting or fishing or gathering of products is without the consent of
the owner
4. 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.

What are the Elements of Theft?

1. That there be taking of personal property

o “Unlawful taking is deemed complete from the moment the offender gains possession if
the thing even if he has no opportunity to dispose of the same”
o “To Take” under the theft provision does not require asportation or carrying away
o No crime of Frustrated Theft. Only Attempted or Consummated
o Offender must have the intention of making himself the owner of the thing taken
o There is taking even if the offender received the thing from the offended party
2. That said property belongs to another
o Personal property belonging to another
o Selling the share of a partner or joint owner is not theft
3. That the taking be done with intent to gain
o Presumed from the unlawful taking of personal property belonging to another
o BUT if a person takes personal property from another believing it to be his own, the
presumption of intent to gain is rebutted, therefore he is not guilty of theft.
 o Not necessary that there was real or actual gain on the part of the offender, it is enough
that on taking them, he was then actuated by the desire or intent to gain.
4. That the taking be done without the consent of the owner
o Even if the owner knew the taking, but he did not consent to it, the accused is still liable
for theft
5. That the taking be accomplished without the use of violence against or intimidation of persons
or force upon things.
o Unless the force upon things is employed to enter a building, the taking of the personal
property belonging to another with intent to gain is theft and not robbery

Difference between Robbery and Theft

Robbery
Uses violence/intimidation or enter a house or
building through any of the means specified in
Art. 299 or 302
Necessary that there should be a taking against
the will of the owner
Theft
Does not use violence/intimidation or does not
enter a house or building through any of the
means specified in Art. 299 or 302
It sufficed that consent on the part of the owner
is lacking

ARTICLE 309. PENALTIES

What is the basis of Penalty in theft?

1. The value of the thing stolen

2. The value and also the nature of the property taken
3. The circumstances or causes that impelled the culprit to commit the crime

ARTICLE 310. QUALIFIED THEFT

What are the Elements of Qualified Theft?

1. That there be taking of personal property

2. That said property belongs to another
3. That the taking be done with intent to gain
4. That the taking be done without the consent of the owner
5. That the taking be accomplished without the use of violence against or intimidation of persons
or force upon things.
6. That it be done with grave abuse of confidence

When is Theft considered Qualified?

1. If committed by a domestic servant,

2. If committed with grave abuse of confidence
o The confidence gravely abused must be that existing between the offended party and
the offender
 3. If the property stolen is motor vehicle, mail matter or large cattle
o Large Cattle
 Cow, Carabao, Horse, Mule, Ass or other domesticated member of the bovine
family
 Must be taken alive
4. If the property stolen consists of coconuts taken from the premises of the plantation
5. If the property stolen consists of fish taken from a fishpond or fishery,
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any
other calamity, vehicular accident or civil disturbance

NOTE: Penalty is two degrees higher

ANTI-FENCING LAW

What is Fencing?

 act of any person who, with intent to gain for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell, or shall buy and sell, an item which he knows, or should be known
to him, to have been derived from the proceeds of robbery or theft.

What are the Elements of Fencing?

1. A crime of robbery or theft has been committed;

2. A person, not a participant in said crime, buys, receives, possesses, keeps, acquires, conceals,
sells or disposes, or buys and sells; or in any manner deals in any article or item, object or
anything of value;
3. With personal knowledge, or should be known to said person that said item, object or anything
of value has been derived from the proceeds of the crime of robbery or theft;
4. With intent to gain for himself or for another

ARTICLE 311. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM

NOTE: Under this Article, the penalty is fixed without regard to the value of the property of the National
Library or National Museum. BUT if the crime is committed with Grave abuse of confidence, the penalty
for qualified theft shall be imposed.