ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.
Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
CRIMINOLOGY DEPARTMENT
CRIMINAL LAW BOOK TWO
2nd Semester A.Y. 2020-2021
MODULE 2
Learning Objectives:
At the end of the module 1, you should able to:
1. Understand the CRIMES AGAINST PROPERTY;
2. Memorize the elements of the CRIMES AGAINST PROPERTY
ARTICLE 308. THEFT
ELEMENTS:
1. That there be taking of personal property;
2. That said property belongs to another
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the
owner; and
5. That the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things.
“Taking”: if bulky, must be taken away(when place
surrounded by fence or wall), otherwise, the moment he had
full possession of thing, asportation is complete; does not
need a character of permanency.
Intent to Gain – taking must be accompanied by intention,
at the time of taking, of withholding the thing with
character of permanency; presumed from unlawful taking of
personal property of another
Gain desired by the offender may not only be money. It may
include satisfaction, use, pleasure or any benefit; includes
satisfaction of taking revenge
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It is not required that the offender realized actual gain
in committing theft. It is sufficient that he took personal
property of another with intent to gain.
Trust, Commission, Administration: Juridical possession of
thing transferred to another If only custody of object
(i.e. only material possession) was given to the accused and
it is actually taken by him with no intent to return, the
crime is theft. But if juridical possession is transferred
(Ex., by a contract of bailment) is given to the accused and
he takes the property with intent to gain, the crime is
estafa.
Personal property: includes electricity and gas,
promissory note and check. Ex. the inspector misreads the
meter to profit thereby, or one using a jumper
Consent: freely given and not merely lack of objection
Allegation in the information of the lack of the owner’s
consent is important.
Finder: may be a finder in law
Theft is consummated when the offender is able to place
the thing taken under his control and in such a situation as
he could dispose of it at once (although there is actually
no opportunity to dispose).
Servant using his employer’s car without permission is
guilty of qualified theft although his use thereof was only
temporary. However, Reyes says that there must be some
character of permanency in depriving owner of the use of the
object and making himself the owner. Therefore, “joyride”
must be deemed as qualified theft.
An employee taking his salary before it is actually
delivered to him is guilty of theft.
If the offender, in good faith, claims property as
his own, no theft is committed although his claim of
ownership is later found to be untrue. However, if his claim
is in bad faith, he is guilty of theft.
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PERSONS LIABLE FOR THEFT:
1. Those who:
a. with intent to gain,
b. but w/o violence against or intimidation of persons nor
force upon things take personal property of another w/o the
latter’s consent.
2. Those who:
a. having found lost property,
b. fail to deliver the same to the local authorities or its
owner.
Retention of money/property found is theft. What is punished
is retention or failure to return with intent to gain.
The offender’s knowledge of the identity of the owner of
the property is not required. His knowledge that the
property is lost is enough.
The finder of the lost property is liable for his
deliberate failure to return the lost property, he
knowing that the property does not belong to him.
3. Those who:
a. after having maliciously damaged the property of another,
b. remove or make use of the fruits or object of the damage
caused by them.
Killing the cattle of another which destroyed
his(offender’s) property and getting meat for himself is
theft.
4. Those who hunting, fishing or gathering fruits, etc. in
enclosed estate
ELEMENTS(Par. 3 of Art 308):
1. That there is an enclosed estate or a field where
trespass is forbidden or which belongs to another;
2. That the offender enters the same;
3. That the offender hunts or fishes upon the same or
gathers fruits, cereals or other forest or farm products in
the estate or field; and
4. That the hunting or fishing or gathering of products is
without the consent of the owner.
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The fishing in this article is not in the fishpond or
fishery. If the fish is taken from a fishpond or a fishery,
the crime is qualified theft.
P.D. NO. 534 PUNISHES ILLEGAL FISHING
COMMITTED BY–
1. Any person to catch, take or gather or cause to be
caught, taken or gathered fish in Philippine waters with the
use of explosives, obnoxious or poisonous substances or by
the use of electricity; and
2. Any person who knowingly possesses, deals in, sells or in
any manner disposes of, for profit, any fish,
fishery/aquatic products w/c have been illegally caught.
P.D. NO. 581 PUNISHES “HIGHGRADING” OR
THEFT OF GOLD COMMITTED BY –
1. Taking gold-bearing ores from a mining claim or mining
camp, or removing, collecting or gathering gold-bearing ores
or rocks in place;
2. Extracting or removing the gold from such ores or rocks
and treat such ores and rocks to recover and extract the
gold therefrom without the consent of the operator of the
mining claim.
HIGHGRADING – selling
P.D. NO. 401 PUNISHES THE USE OF TAMPERED
WATER OR ELECTRICAL METERS TO STEAL
WATER OR ELECTRICITY.
ACTS PUNISHABLE:
1. unauthorized installation of water, electrical or
telephone connections,
2. the use of tampered water or electrical meters to steal
water or electricity,
3. the stealing or pilfering of water and/or electrical
meters, electric and/or telephone wires, and
3. knowingly possessing stolen or pilfered water and/or
electrical meters, and stolen or pilfered electric and/or
phone wires.
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WAYS OF COMMITTING THEFT OF ELECTRICITY
(OTHER THAN BY ILLEGAL INSTALLATIONS):
1. turning back the dials of the electric meter,
2. fixing the electric meter so it will not register the
actual electric consumption,
3. under-reading of electric consumption, and
4. tightening screw of rotary blades to slow down their
rotation.
ARTICLE 309. PENALTIES FOR THEFT
The basis of the penalty in theft is: (1) the value
of the thing stolen, and in some cases, (2) the value and
also the nature of the property taken, or (3) the
circumstances or causes that impelled the culprit to commit
the crime.
ARTICLE 310. QUALIFIED THEFT
Theft is qualified if –
1. It is committed by a domestic servant, or
2. Committed with grave abuse of confidence,
or
3. The property stolen is a:
a. motor vehicle,
b. mail matter,
c. large cattle,
d. coconut from the premises of a plantation,
e. fish from a fishpond or fishery, or
4. Committed on the occasion of calamities, vehicular
accident and civil disturbance.
“Grave abuse of confidence” necessitates a high degree of
confidence b/w the offender and the offended party. (Ex.
guests). Hence, when there is no confidence b/w the parties,
the crime is not qualified theft.
Theft is qualified if it is committed by one who has
access to the place where stolen property is kept. (Ex.
security guards, tellers)
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Novation theory (i.e. the victim’s acceptance of payment
converted the offender’s liability to a civil obligation)
applies only if there is a contractual relationship b/w the
accused and the complainant.
When the accused treated the deed of sale as sham and he
had intent to gain, his absconding with the object of the
sale is qualified theft.
When a PUV in “boundary” system entrusted to the offender
is sold to another, the crime is theft. On the other hand,
if the motor vehicle is not used for public utility in
“boundary” system but under contract of lease, the crime is
estafa.
ANTI-CATTLE RUSTLING LAW
CATTLE RUSTLING is the taking away by any means, method
or, scheme, without the consent of the owner, of animals
classified as large cattle whether or not for profit or
gain, or whether committed with or without violence against
or intimidation of any person or force upon things. It
includes the killing of large cattle, or taking its
meat/hide without the consent of the owner.
Large cattle includes cow, carabao, horse, mule,
ass, or other domesticated member of the bovine
family.
Qualifying circumstances:
1. Cattle-rustling is committed with violence
against or intimidation of persons or force
upon things; and
2. A person is seriously injured or killed as a result or on
occasion of cattle-rustling.
P.D. 330 punishes timber smuggling from, and illegal cutting
of logs in, public forests and forest reserves as qualified
theft.
ANTI-FENCING LAW
ELEMENTS of fencing:
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1. The crime of robbery or theft has been committed;
2. The accused, who is not a principal or an accomplice in
the crime of robbery/theft, in any manner deals in any
property which has been derived from the proceeds of the
said crime;
3. The accused knows or should have known that the said
property has been derived from theft/robbery; and
4. The accused has intent to gain.
Possession of stolen goods is prima facie
evidence of guilt
For those engaged in sale of used secondhand
articles – requires clearance and permit to sell
ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.
Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
CRIMINOLOGY DEPARTMENT
ACTIVITY NO. 2
NAME:__________________________________ RATING:________________
SECTION:_________ DATE:__________ PROFESSOR:___________________
INSTRUCTION. Answer the following questions based on the
foregoing written lecture. Write your answers in a separate sheet
of paper.
1. Enumerate and give an example of the different Crimes
Discussed above.
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