Qualified Theft, there is taking of personal property, whereas in Estafa, the offender

receives the property and misappropriates it for his own benefit.

elements of qualified theft in relation to Articles 308 and 309 and is punishable under
Article 310 of the Revised Penal Code (RPC), are as follows:

(a) there is taking of personal property

(b) that the said property belongs to another

(c) that the said taking be done with intent to gain

(d) that the taking be done without the owner’s consent

(e) that the taking be accomplished without the use of violence or intimidation
against persons, nor force upon things

(f) that it can be done under any of the circumstances enumerated in Article 310
of the Revised Penal Code

Article 315 of the Revised Penal Code states that estafa may be committed through:

1.
1. Unfaithfulness or abuse of confidence:
a. Altering the quality, quantity, and substance of the subject matter in a
contract;
b. Misappropriating or converting someone else’s money, goods, or any
other personal property; or denying these from them;
c. Taking advantage of a signature in blank
2. Deceit or fraudulent acts:
a. Using a fictitious identity to deceive another;
b. Altering quality, fineness or weight of anything pertaining to art or
business;
c. Issuing unfunded or postdated checks;
d. Availing of services from hotels, restaurants, inns, etc. without paying for
them
3. Fraudulent means:
a. Inducing another, through deceit, to sign any document;
b. Resorting to fraudulent practice to ensure success in a gambling game;
c. Removing, concealing or destroying – in whole or in part – any court
record, office files, document, or any other papers.
 Theft is qualified —

1. If the theft is committed by a domestic servant.

2. If the theft is committed with grave abuse of confidence.
3. If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large
cattle.
4. If the property stolen consists of coconuts taken from the premises of
a plantation.
5. If the property stolen is fish taken from a fishpond or fishery.
6. If property is taken on the occasion of fire, earthquake, typhoon,
volcanic eruption, or any other calamity, vehicular accident or civil
disturbance.

grave" describing "abuse of confidence" in the second

kind of qualified theft. There must be allegation in the information and
proof 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, which the accused abused.