Dear Sir:

This pertains to your question of whether Mr. Derek Ramsey can be charged with Qualified
Theft of Motor Vehicles, for taking a dump truck that you owned, without your consent.

As we have discussed. the following are the facts of the case:

You are the owner of a dump truck that doesn't run, which you parked inside the City Hall
compound. On September 23, 2011, Derek Ramsey, who is engaged in the business of selling
vehicle spare parts, took the said truck without your consent. Despite demand, Ramsey refused to
return the truck. He asserted that the truck belonged to Anne Curtis, who owes him 600,000.00
php. Since Curtis was unable to pay the debt despite demand, Ramsey took the truck to compel
her to fulfil her obligation. Because the truck was inside City Hall, he obtained the consent of the
City Mayor to tow the vehicle. Ramsey claims that he cannot be liable for qualified theft because of
the following: 1.) He took the truck with the Mayors consent; 2.) That Curtis was the owner of the
truck; 3.) He had nothing to gain from a defective truck.
Due to a new law Ramsey cannot be held liable for qualified theft under article 310 of the
Revised Penal Code. Instead, he can be charged for violating R.A. no. 6539, An Act Preventing
and Penalizing Carnapping. The said law repealed article 310, and now has jurisdiction over
cases involving theft if motor vehicles. To be applicable, the law requires the following : 1.) That
there was a taking of a motor vehicle belonging to another; 2.) That the taking was done without
the consent of the owner; 3.) That there was an intent to gain.
As is showed by the above mentioned facts all three requisites are present. Thus, an action against
Mr. Ramsey under R.A. no. 6539 will prosper.