What is the penalty for qualified theft in the Philippines?
If the value of the thing stolen in qualified theft is over 4,200,000 pesos, the prescribed penalty is maximum period of reclusion temporal in its medium and maximum periods, which has a range of 18 years, 2 months and 21 days to 20 years and incremental penalty of 2 years or more.
What is the sentence of qualified theft?
Punishing qualified theft of Php300,000.00 with reclusion perpetua, or 20 years and 1 day to 40 years of imprisonment, is a little too severe and unnecessary for such amount in this day and age.
Is qualified theft bailable in the Philippines?
recent jurisprudence dictates that qualified theft is a bailable offense. The Supreme Court had clarified between “prescribed penalty” and “imposable penalty,” the latter being determined only after trial and hearing.
What is the crime of qualified theft?
Theft becomes qualified when any of the following circumstances under Article 310 is present: (1) the theft is committed by a domestic servant; (2) the theft is committed with grave abuse of confidence; (3) the property stolen is either a motor vehicle, mail matter or large cattle; (4) the property stolen consists of …
Is qualified theft a civil case?
The owner of a stolen property in a case of qualified theft is a party in the case if he does not reserve his right to bring a separate civil action.
What is difference between theft and qualified theft?
The difference between theft and qualified theft How is the latter different from the relatively simple act of theft? While the basic principles remain the same, the crime becomes qualified theft if: The crime is committed by a domestic servant; or. The crime is committed with grave abuse of confidence; or.
What is the penalty of a person who stole more than 6000 pesos but does not exceed 12000 pesos?
prision correccional
(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.
What is qualified theft Philippines?
What is Qualified Theft? Under the provision of Article 310 of the Revised Penal Code, Qualified Theft is a crime of theft or taking, with intent to gain, of a personal property of the owner without the latter’s consent, and committed: by a domestic servant, or. with grave abuse of confidence, or.
How do you prove qualified theft?
The elements of Qualified Theft are as follows: (a) the taking of personal property; (b) the said property belongs to another; (c) the said taking be done with intent to gain; (d) it be done without the owner’s consent; (e) it be accomplished without the use of violence or intimidation against persons, nor force upon …
Who is liable for qualified theft?
Thus, the elements of qualified theft punishable under Article 310 in relation to Article 308 of the RPC are as follows: (1) there was a taking of personal property; (2) the said property belongs to another; (3) the taking was done without the consent of the owner; (4) the taking was done with intent to gain; (5) the …
What is Article 309 of the Revised Penal Code?
The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use.” “ART. 309.
Who are the persons liable for theft under Article 308 of the RPC?
Art. 308. Who are liable for theft. —Theft 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.
What are the penalties for theft in the Philippines?
Art. 309. Penalties. — Any person guilty of theft shall be punished by: 1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds the latter amount the penalty shall be the maximum period
What is the maximum penalty for imprisonment mayor in the Philippines?
Since the value exceeds P22,000.00, the basic penalty is prision mayor in its minimum and medium periods to be imposed in the maximum period, that is, eight (8) years, eight (8) months and one (1) day to ten (10) years of prision mayor.
What are afflictive penalties in the Philippines?
What are Afflictive penalties Philippines? – A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it be less than 200 pesos. Article 27.
What is the penalty for qualified theft?
As the penalty for qualified theft is two degrees higher, the trial court, as well as the appellate court, should have imposed the penalty of reclusion perpetua. (G.R. No. 176298; January 25, 2012)