DISCUSSION 28

The crime of theft can be considered qualified if the following

circumstances are present:
a. If the offender is a domestic servant- meaning the offender here is a
house helper or maid. Example: Josie was employed as maid by Jose.
One day, Josie, without the consent of Jose, took the gold bracelet of
Jose.

b. If it is committed with grave abuse of confidence. The offender here

abused the confidence given to him by the offended party. Example:
The cashier of the supermarket, without the knowledge and consent
of the owner, took P5,000.00 from the cash box.

If the theft is qualified, the penalty is much higher than simple theft. It
is higher by two degrees. (Art. 310).

If the subject of theft is a motor vehicle, the crime committed is

carnapping. If it is an aircraft, the crime is hijacking.

What is Estafa or Swindling? This felony is punishable under Art. 315 of

the RPC. It can be committed in various ways, such as:
1. With unfaithfulness or abuse of confidence- Example: Orlan asked
Pedro to keep his cellphone for a while. Out of necessity, Pedro sold
the cellphone of Orlan without the knowledge of Orlan.

2. By means of false pretenses or fraudulent acts. Example: A

represented himself to be a lawyer to B. B believing that A is a lawyer
engaged his services for P50,000.00. It turned out that A is a fake
lawyer.
In the crime of estafa, there is always deceit or fraud in the act of the
offender. Laging may halong panloloko sa act ng offender in order to gain
material benefits.
Remember that estafa cannot be committed if the relation is one of debtor
and creditor. Like, nagpautang ka at yun umutang ayaw magbayad, hindi
mo siya pwedeng idemanda ng estafa. It is only a civil liability.

In unlawful destruction of properties, two crimes can be possibly

committed:
a) It is arson, if the destruction is made by means of fire;
b) It is malicious mischief if through other means. (Art. 327)

What if in the act of committing arson, somebody died, what crime was
committed? It is only a crime of arson and not arson with homicide.