On Criminal Law
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 between 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)
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
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
When a PUV in “boundary” system entrusted tothe 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.
The penalty for qualified theft is 2 degrees higher.
Theft by domestic servant is always qualified. There’s no need
to prove grave abuse of discretion.
The abuse of confidence must be grave. There must be allegation
in the information and proof of a relation, by reason of dependence,
guardianship or vigilance, between the accused and the offended
party, that has created a high degree of confidence between
them, which the accused abused.
Theft of any material, spare part, product or article by employees
and laborers is heavily punished under PD 133.
Motor vehicle: all vehicles propelled by power, other than
When the purpose of taking the car is to destroy by burning it,
the crime is arson.
If a private individual took a letter containing postal money order
it is qualified theft. If it was the postmaster, to whom the letter
was delivered, the crime would be infidelity in the custody of