Qualified Theft: Meaning in Philippine Law
Quick answer
Qualified theft is theft committed with one of the special circumstances listed in Article 310 of the Revised Penal Code. The most common is theft by a domestic servant (a kasambahay). Qualified theft is punished two degrees higher than ordinary theft of the same value.
What is ordinary theft?
Article 308 defines it:
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.
The penalty for ordinary theft depends on the value stolen, under the brackets of Article 309 as amended by Republic Act No. 10951.
What makes theft qualified?
Article 310, as amended by Batas Pambansa Blg. 71, raises the penalty when the theft is:
- committed by a domestic servant;
- committed with grave abuse of confidence;
- of a motor vehicle, mail matter or large cattle;
- of coconuts taken from the premises of a plantation, or fish taken from a fishpond or fishery;
- committed on the occasion of a fire, earthquake, typhoon, volcanic eruption or any other calamity, a vehicular accident or a civil disturbance.
What does "two degrees higher" mean?
The court first finds the Article 309 penalty for the value stolen. It then imposes the penalty two degrees higher, using the Code's rules on how a penalty goes up by degrees. This page does not compute the resulting prison ranges, because they depend on those rules and on the facts of each case.
Example
Made-up illustration: Nena, a kasambahay, takes ₱3,000 from a drawer in her employer's room. Ordinary theft of more than ₱500 up to ₱5,000 is punished by arresto mayor. Because Nena is a domestic servant, it is qualified theft, and the penalty is two degrees higher than the arresto mayor that ordinary theft would carry.
Is an employee who takes cash always guilty of qualified theft?
Not necessarily. Article 310 names theft "with grave abuse of confidence"; it does not say that every theft by an employee is qualified. Whether a taking involved grave abuse of confidence is decided by the court on the facts. Read Qualified theft in the Philippines and Theft penalty in the Philippines.
Which provisions use this term?
Frequently asked questions
What is the difference between theft and qualified theft?
Both are the taking of another person's property without consent and without violence, intimidation or force upon things. Theft becomes qualified theft when one of the circumstances in Article 310 is present, such as theft by a domestic servant. The penalty is then two degrees higher.
Is every theft by an employee qualified theft?
The article does not say so. It names theft by a domestic servant and theft 'with grave abuse of confidence'. Whether a particular employee's taking involved grave abuse of confidence is for the court to decide on the facts.
Is there frustrated theft?
No. In Valenzuela v. People (2007), the Supreme Court held that theft can only be attempted or consummated. The taking is complete once the offender gains possession of the thing.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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