Article 309 of the Revised Penal Code: Penalties for theft by amount
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 309 say?
Any person guilty of theft shall be punished by:
1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than One million two hundred thousand pesos (P1,200,000) but does not exceed Two million two hundred thousand pesos (P2,200,000); but if the value of the thing stolen exceeds the latter amount, the penalty shall be the maximum period of the one prescribed in this paragraph, and one (1) year for each additional One million pesos (P1,000,000). but the total of the penalty which may be imposed shall not exceed twenty (20) years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.
2. The penalty of prision correccional in its medium and maximum periods, if the value of the thing stolen is more than Six hundred thousand pesos (P600,000) but does not exceed One million two hundred thousand pesos (P1,200,000).
3. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is more than Twenty thousand pesos (P20,000) but does not exceed Six hundred thousand pesos (P600 ,000).
4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property stolen is over Five thousand pesos (P5,000) but does not exceed Twenty thousand pesos (P20,000).
5. Arresto mayor to its full extent, if such value is over Five hundred pesos (P500) but does not exceed Five thousand pesos (P5,000).
6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five hundred pesos (P500).
7. Arresto menor or a fine not exceeding Twenty thousand pesos (P20,000), if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed Five hundred pesos (P500). If such value exceeds said amount, the provisions of any of the five preceding- subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos (P5,000), when the value of the thing stolen is not over Five hundred pesos (P500), and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.
What does it mean in plain language?
Article 309 sets the penalty for theft according to the value of the thing stolen. The higher the value, the heavier the penalty: from arresto mayor (1 month and 1 day to 4 months) for up to ₱500, to a total of up to 20 years for the largest amounts. The amounts in force today come from Republic Act No. 10951 (2017).
Article 309 does not define theft. The definition is in Article 308. When the theft is qualified, for example when it is committed by a domestic servant, Article 310 raises the penalty by two degrees above the bracket in Article 309.
How does it work in real life?
Mark: a ₱1,200 bottle of perfume
Mark takes a bottle of perfume worth ₱1,200 from a store. The value is over ₱500 but not over ₱5,000. The penalty in Article 309 is arresto mayor to its full extent, or 1 month and 1 day to 6 months.
Tonyo: rice for his children
Tonyo has no work. He takes ₱300 worth of rice from a store to feed his children. If the court finds he acted under the impulse of hunger or poverty, paragraph 8 allows arresto menor in its minimum period or a fine of up to ₱5,000.
Grace: a bag with ₱650,000 in cash
Grace sees a bag with ₱650,000 in cash on an empty desk and walks away with it, without anyone noticing. The value is over ₱600,000 but not over ₱1,200,000, so the bracket is prision correccional in its medium and maximum periods, or 2 years, 4 months and 1 day to 6 years.
What does this mean in practice?
- Value is a question of proof. Receipts, price tags and appraisals help the court place the theft in the right bracket.
- The bracket is the starting point. The court still applies other rules of the Code to fix the actual sentence.
- Qualified theft under Article 310 starts from the same bracket and goes two degrees higher. See What is qualified theft?
- For a full explanation of theft cases, see What is the penalty for theft in the Philippines? If you are accused or want to file a complaint, see Free legal help in the Philippines.
What is the penalty for theft by amount?
The ranges in the last column come from the table of durations in Article 76 of the Code.
| Value stolen | Penalty in Article 309 | Range in the Code |
|---|---|---|
| Up to ₱500 | Arresto mayor, minimum and medium periods | 1 month 1 day to 4 months |
| Over ₱500 to ₱5,000 | Arresto mayor, full extent | 1 month 1 day to 6 months |
| Over ₱5,000 to ₱20,000 | Arresto mayor medium to prision correccional minimum | 2 months 1 day to 2 years 4 months |
| Over ₱20,000 to ₱600,000 | Prision correccional, minimum and medium periods | 6 months 1 day to 4 years 2 months |
| Over ₱600,000 to ₱1,200,000 | Prision correccional, medium and maximum periods | 2 years 4 months 1 day to 6 years |
| Over ₱1,200,000 to ₱2,200,000 | Prision mayor, minimum and medium periods | 6 years 1 day to 10 years |
| Over ₱2,200,000 | The penalty above in its maximum period, plus 1 year for each additional ₱1,000,000 | Total not more than 20 years |
For the highest bracket, the article says:
the penalty shall be the maximum period of the one prescribed in this paragraph, and one (1) year for each additional One million pesos (P1,000,000). but the total of the penalty which may be imposed shall not exceed twenty (20) years.
For the full table with a source for every row, see Theft penalties by amount.
What are the special cases in paragraphs 7 and 8?
Two rows apply only when the value is not over ₱500:
- Paragraph 7: hunting, fishing or gathering on enclosed land. This is the third kind of theft in Article 308. The penalty is arresto menor or a fine of up to ₱20,000. If the value is more than ₱500, the ordinary brackets apply.
- Paragraph 8: hunger or poverty. The penalty is arresto menor in its minimum period (1 to 10 days) or a fine of up to ₱5,000 when the offender acted:
under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.
What changed with Republic Act No. 10951?
Before 2017, Article 309 still used the peso values written in 1930. For example, its top bracket began at more than 12,000 pesos, and a stolen item worth more than 200 pesos was already in the prision correccional bracket. In Corpuz v. People (2014), the Supreme Court said it could not update those amounts itself, because that "would constitute judicial legislation". Republic Act No. 10951 later raised the values to the ones in the table above.
The law is retroactive where it is favorable to the accused or to a person already serving a sentence by final judgment.
Frequently asked questions
How many years in jail for theft in the Philippines?
It depends on the value. Under Article 309 as amended by Republic Act No. 10951, theft of up to ₱500 carries arresto mayor in its minimum and medium periods (1 month and 1 day to 4 months). The highest bracket can reach a total of 20 years.
What is the penalty for theft of ₱5,000 or less?
For more than ₱500 up to ₱5,000, Article 309 provides arresto mayor to its full extent, which runs from 1 month and 1 day to 6 months under the Code's table of durations.
Is the penalty lower if someone stole because of hunger?
Yes, if the value is not over ₱500 and the offender acted under the impulse of hunger, poverty or the difficulty of earning a living for himself or his family. Article 309 then allows arresto menor in its minimum period or a fine of up to ₱5,000.
Do the RA 10951 amounts apply to theft committed before 2017?
Republic Act No. 10951 says it has retroactive effect to the extent that it is favorable to the accused or to a person serving sentence by final judgment.
Is the table the sentence a person will get?
No. The table shows the range the law allows for each value. The court fixes the actual sentence using other rules of the Code and the facts of the case.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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