Article 308 of the Revised Penal Code: Who are liable for theft
Status: In force
What does Article 308 say?
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.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and
3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.
What does it mean in plain language?
Article 308 says theft is taking someone else's personal property, with intent to gain, without the owner's consent, and without violence, intimidation or force upon things. It also treats three other acts as theft, including keeping lost property you found instead of returning it. The penalty is not in this article: it depends on the value taken and is set by Article 309.
Theft is the "quiet" taking. When the taker uses violence against or intimidation of a person, or force upon things, the crime becomes robbery under Article 293.
How does it work in real life?
Bong: a phone left on a jeepney seat
Bong finds a phone on a jeepney seat and keeps it. He does not try to return it to the owner or bring it to the local authorities. Under the second paragraph of Article 308, this can be theft. The value of the phone decides the penalty under Article 309.
Mark: perfume in his bag at the mall exit
Mark hides a bottle of perfume in his bag and walks toward the exit, where the guard stops him. Under Valenzuela, the theft was already complete when he took possession of the bottle. It does not matter that he never left the mall.
Dindo: mangoes from a fenced orchard
Dindo climbs into a fenced orchard with a "No Trespassing" sign and picks mangoes without the owner's consent. Gathering fruit on enclosed land where entry is forbidden is the third kind of theft in Article 308.
What does this mean in practice?
- The value of what was taken matters, because it decides the penalty bracket. See What is the penalty for theft in the Philippines?
- Theft by a domestic servant, with grave abuse of confidence, or during a calamity is qualified theft, with a heavier penalty under Article 310. See What is qualified theft?
- Between spouses, ascendants and descendants, and some other relatives, Article 332 allows only a civil claim, not a criminal case.
- If you are accused of theft or want to file a complaint, a lawyer can check whether the facts are theft, robbery or estafa. See Free legal help in the Philippines.
- For theft and robbery side by side, see robbery vs theft.
What are the elements of theft?
From the first paragraph of Article 308, theft has five parts:
- Personal property is taken. This means things that can be moved: cash, a phone, goods from a store.
- The property belongs to another.
- Intent to gain. The taker means to benefit from it.
- No consent from the owner.
- No violence, intimidation or force upon things. If there is, it is robbery.
If the owner handed the thing over in trust, on commission or for safekeeping, and the person who received it misused it or denied receiving it, the case may instead be estafa by abuse of confidence under Article 315.
See also the comparison theft vs estafa.
Is keeping something you found theft?
It can be. The second paragraph of Article 308 lists three more acts that are theft. The first is about lost property:
Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
The second is taking or using the fruits or objects of damage you maliciously caused to someone else's property. The third is entering an enclosed estate, or a field where trespass is forbidden, without the owner's consent, to hunt, fish or gather fruits, cereals or other farm or forest products.
Is there frustrated theft?
No. In Valenzuela v. People (2007), two men loaded cases of detergent taken from a supermarket into a taxi, and a security guard stopped the taxi as it was leaving the parking area. The accused argued it was only frustrated theft, because he never had a chance to dispose of the goods. The full Supreme Court (En Banc) disagreed. It held that theft is complete once the offender gains possession of the thing, even if he has no opportunity to dispose of it. In the Court's words: "Theft can only be attempted or consummated."
Attempted theft is still possible. Article 6 of the Code describes an attempt as starting a felony by overt acts without performing all the acts of execution. For more on store cases, see Caught shoplifting before leaving the store.
Which Supreme Court rulings are relevant?
Frequently asked questions
What are the elements of theft in the Philippines?
Under Article 308, theft is the taking of personal property that belongs to another, with intent to gain, without the owner's consent, and without violence against or intimidation of persons or force upon things.
Is keeping a lost item you found considered theft?
It can be. Article 308 says theft is also committed by a person who finds lost property and fails to deliver it to the local authorities or to its owner.
Is there frustrated theft?
No. In Valenzuela v. People (2007), the Supreme Court held that theft can only be attempted or consummated. It is complete once the offender gains possession of the thing, even without a chance to dispose of it.
Where is the penalty for theft?
In Article 309. It sets the penalty by the value of the thing stolen, as amended by Republic Act No. 10951. Article 310 raises it by two degrees for qualified theft.
Can a spouse or parent be jailed for theft from family?
Article 332 says that theft between spouses, ascendants and descendants, and some other relatives listed there results only in civil liability, not criminal. The exemption does not cover strangers who take part.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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