Forms of Theft (Article 308)

Taking Lost Thing Maliciously

Damaged
Enclosed Estate Penalties (Article 309)
1. Taking of personal property
2. The property belongs to another
3. The taking be done with intent to gain
4. The taking be done without the consent of the owner
5. The taking be accomplished WITHOUT the use of violence against or intimidation of
persons or force upon things.
Value of the thing stolen:
a. Php 22,001 and up: Prision Mayor Medium and
One Year of each additional Php 10,000, but the
total penalty shall not exceed 20 years
b. Php 12,001-22,000: Prision Mayor Minium and
Medium Periods
c. Php 6,001-12,000: Prision Correccional Medium
and Maximum Periods
d. Php 201-6,000: Prision Correccional Minimum
and Medium Periods
e. Php 51-200: Arresto Mayor Medium to Prision
Correccional Minimum
f. Php 6-50: Arresto Mayor in its full extent
g. Php 1-5: Arresto Mayor Minimum and Medium
Periods
-Arresto Menor or Fine not exceeding Php200 if
theft is committed under circumstances
enumerated in Par. 3 of next preceding article
-Arresto Menor Minimum Period or Fine not
exceeding Php50 if offender acted under the
impulse of hunger, poverty, or the difficulty of
earning a livelihood for the support of himself or his
family.
a. Failure to return to
the authorities or to its
owner
b. It is a lost property
belonging to another
c. Accused have the
opportunity to return
but refrained from
doing so
a. Accused
maliciously damaged
the property of
another
b. He removes or
make use of the fruits
or object of the
damage caused by
him
a. There is an
enclosed estate or a
field where trespass
is forbidden or which
belongs to another
b. Accused enters the
same
c. Offender: hunts,
fishes, gathers fruits,
cereals or other forest
products
d. The hunting,
fishing or gathering is
WITHOUT the
consent of the owner
Qualified Theft (Article 310)
a. By a domestic servant
b. Committed with grave abuse of confidence
c. Property stolen is a motor vehicle, mail matter, or large cattle
d. Property stolen consists of coconuts taken from the premises of a plantation
e. Property stolen is a fish taken from a fishpond or fishery
f. Proprty is taken on the occassion of fire, earthquake, typhoon, volcanic eruption, or any
other calamity, wehicular accident or civil disturbance

Punished by penalties next higher by TWO
DEGREES than stated in Article 310
Theft of Any Property of the National Library and National Museum
(Article 311)
-The penalty is fixed WITHOUT regard to the value of the property
Arresto Mayor or Fine Php 200-500, or both,
UNLESS a HIGHER PENALTY should be provided
under other provisions of the Code
Special Laws
PD 133:Theft by an Employee/Laborer :steal any material, product or article that he is
working on, using or producing
PD 330: Timber Smuggling : cuts, gathers, removes, or smuggles timber, or
other forest products, either from public forests,
forest reserves and other kinds of public forests, or
from any privately owned forest lands in violation of
existing laws
PD 401: Tampered Water or Electric Meter : use of tampered water or electrical meters to steal
water or electricity
PD 533: Cattle Rustling : the taking away by any means, any of the animals
classified as a large cattle (any domesticated
member of the BOVINE family)
PD 534: Illegal Fishing : the use of explosives, obnoxious or poisonous
substances or by use of electricity
: dealing in illegally caught fish or fishery/aquatic
products
PD 581: Highgrading or Theft of Gold : take gold-bearing ores or rocks from a mining
claim or mining camp
PD 1612: Anti-Fencing Law
Elements:
a. The crime of robbery or theft has been committed
b. The accused, who is NOT a principal or accomplice in the commission of the crime,
buys, receives, possesses, keeps, acquires, conceals, sells or disposes any article of
value derived from the proceeds of the crime
c. The acused KNOWS or SHOULD HAVE KNOWN that said article has been derived
from the proceeds of the crime
d. There is intent to gain on the part of the accused or another

:Mere possession of any article which has been the
subject of robbery or theft shall be PRIMA FACIE
evidence of fencing
:Clearance/permit to sell secondhand articles is
REQUIRED: secure it from the station commander
of the PNP in the town or city where the store is
located
RA 6539: The Anti-Carnapping Act of 1992 :the taking, with intent to gain, of a motor vehicle
(all vehicles propelled by power other that muscular
power) belonging to another without the latters
consent