ARTI CRIME DEFINITION OF TERMS REQUISITES PENALTY

CLE
308 Theft
1. Those who  In People vs Naval, it was held 1. 1. Prision Mayor (Min-
with INTENT that when the offender is able to A. Med)
TO GAIN, but place the thing taken under his B. if the value of the thing
WITHOUT control and in such a situation as >1.2M-2.M
VIOLENCE he could dispose of it at once, 2.
AGAINST OR taking is deemed complete. But A. TIME of teh seizure Prision Mayor (max)
INTIMIDATIO in some other cases, it is of the thing. >2.2 M and 1 yr for each
N OF COMPLETED FROM THE B. That it was a LOST additional 1M, but is
PERSONS of MOMENT, THE OFFENDER HAD PROPERTY belonging shall not exceed 20 yrs.
FORCE UPON FULL POSSESSION of the thing, to anotehr
THINGS takes even if he DID NOT HAVE AN C. That the accused 2. Prision Correctional
the PERSONAL OPPORTUNITY to DISPOSE the having had the (Med-Max)
PROPERTY of same. OPPORTUNITY to >600K-1.2M
ANOTHER,  The taking must have the RETURN or DELIVER
WITHOUT THE CHARACTER OF PERMANCY the lost property to its 3. Prision Correctional
LATTER’S  The offender must have the owner or to the local (min)
CONSENT. INTENTION OF MAKING HIMSELF authority, REFRAINED >20K-600K
2. Those who the OWNER of the property from doing so.
have FOUND a  There is no crime of frustated 4.Arresto Mayor (med)-
LOST theft 3. Prision Correctional
PROPERTY  Theft is produced when there is A. That there’s an (min)
and FAILED to DEPRIVATION OF PERSONAL ENCLOSED ESTATE or >5K-20K
RETURN the PROPERTY WITH INTENT TO a FIELD where
SAME to teh GAIN TRESPASS is 5.Arresto Mayor(max)
LOCAL  There is TAKING even if the FORBIDDEN or which More than or equal to
AUTHORITY of offender received the thing from sBELONGS to 500-5K
to teh the victim because the act done ANOTHER.
OWNER. (It soon thereafter by the B. That the offender 6.Arresto Mayor(min-
includes the offendermay result in unlawful ENTERS the same med)
STOLEN ones) taking, and it will revert back at C. That the offender
3. Those who the time the offender received HUNTS or FISHES the 7.Arresto Menor or fine
 have the thing. same or HUNT or FISH of less than or equal to
MALICIOUSLY  NOT JURIDICAL POSSESSION upon the same or 20K---Circumstances
DAMAGED the  Selling the share of a GATHER FRUITS, par. 3, VALUE of the
property of patrtrner/joint owner is NOT CEREALS, or OTHER thing is less than or
ANOTEHR and THEFT but a VIOALTION of their FOREST or FARM equal to 500.
REMOVE or CONTRACT. PRODUCTS.
MAKE USE of  Employee is not the owner of a D. And such 8. Arresto Menor (min)
teh FRUITS or SEAPARATION PAY whoich is NOT wasWITHOUT the or fine of less than or
OBJECT of the ACTUALLY DELIVERED to him. CONSENT of the equal to 5K, VALUE of
DAMAGE  Owneship is NOT TRANSFERRED owner the thing is less than or
CAUSED by BEFORE GOODS are WEIGHED or equal to 500 and the
them. MEASURED. offender have acted
4. Those who  INTENT TO GAIN- is presumed under the IMPULSE of
ENTER an from the unlawful taking of HUNDER,POVERTY,or
INCLOSED personal property belonging to the DIFFICULTY of
ESTATE or another and is REBUTTED when EARNING a LIVELIHOOD
where the offender BELIEVES it is his; for the SUPPORT of
TRESPASS is one who openly and avowedly HIMSELF or HIS FAMILY.
FORBIDDEN or under teh claim of title made in
which GOOD FAITH is NOT GUILTY OF BASIS OF PENALTY:
BELONGS to THEFT even though the claim of a. Value of the
ANOTHER and ownership is alterfound to be thing
WITHOUT untenable. b. Value and
CONSENT of  GAIN-not only the acquisition of nature of the
its owner, the thing for the purpose of life thing
HUNT or FISH but aslo the BENEFIT which in any c. Circumsatnces
upon the other sense maybe derived or or causes that
same or expected from the act which is impelled the
GATHER performed. cuplrit to
FRUITS,  Actual or rela gain is not commit the
CEREALS, or necessary crime.
OTHER  Even if WITH KNOWLEGE if there If the value of the
FOREST or is NO CONSENT-still, it is theft. property is not proven,
FARM  The LACK of CONSENT should be the courts may either
PRODUCTS. ALLLEGED in the information. apply the minimum
 When the victim is already penalty under ART 309
HEAVILY WOUNDED-it is theft or fix the value of the
forthere is no need to eploy property taken based on
violence against or intimidation. the attendant
 When the violence is for REASON circumsatnces of teh
ENTIRELY FOREIGN to the fact of case.
robbery- it is theft, example is JUDICIAL NOTICE-
when a peson is tied up for some reagrdless of evidence
hours and then there is taking.
 When thru an open door and
once inside removed by foce,
toilet fixtures and carried tehm
away-it is theft.
 Presumption as to possesssion of
recently stolen property-when all
the goods were lost at the same
occassion. Presumption will not
apply when there are two things
and one is RETAINED and the
other is FREED,ex. cows
 Prior possesssion may be proved
by circumstantial or direct
evidence of his DISPOSAL of the
property.
 The acccused is not guilty even if
ther is DELAY in returning it.
 Not limited to actual finer but to
finder in law.
 Knowledge of the owner is not
necessary.
 Intent to gain is infeered from
the DELIBERATE FAILURE TO
DELIVER the lost property.
 Finder of Hidden treasuree who
misappropriated teh shae of the
owner is guilty of theft as regards
that share.
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