Article 310 of the Revised Penal Code: Qualified theft
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Commonwealth Act No. 273 (Wording as amended by this law.)
- Amended by: Commonwealth Act No. 417 (Wording as amended by this law.)
- Amended by: Republic Act No. 120 (Wording as amended by this law.)
- Amended by: Batas Pambansa Blg. 71 (Wording as amended by this law.)
What does Article 310 say?
The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of a plantation, fish taken from a fishpond or fishery or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.
What does it mean in plain language?
Article 310 says theft becomes qualified theft, with a penalty two degrees higher than ordinary theft, when it is committed by a domestic servant or with grave abuse of confidence, or when the thing stolen or the moment of the taking is one of those the article lists. Examples are a motor vehicle, mail, large cattle, or property taken during a fire, typhoon or other calamity.
Qualified theft is still theft. The taking must first meet the definition in Article 308. Article 310 then adds a circumstance that makes the penalty heavier, starting from the bracket for the same value in Article 309.
How does it work in real life?
Nena: cash from her employer's drawer
Nena works as a kasambahay. She takes ₱3,000 from a drawer in her employer's house. Theft committed by a domestic servant is qualified theft under Article 310. The starting point is the Article 309 bracket for more than ₱500 up to ₱5,000 (arresto mayor), and the penalty goes two degrees higher.
Lito: canned goods after a typhoon
After a typhoon, Lito enters a damaged store and takes canned goods while the owner is at an evacuation center. Property taken "on the occasion of" a typhoon is one of the qualifying cases. How he entered the store may also matter, because force upon things can make the act robbery instead of theft.
Pedro: fish from a neighbor's fishpond
At night, Pedro nets bangus from a neighbor's fishpond without permission. Fish taken from a fishpond or fishery is named in Article 310, so the theft is qualified.
What does this mean in practice?
- Two of the listed cases are about trust: theft by a domestic servant and theft with grave abuse of confidence. For the rights and duties of domestic workers, see Kasambahay rights.
- Article 310 does not define "grave abuse of confidence". Whether the trust between the parties was high enough is decided case by case on the evidence.
- For a full explanation, see What is qualified theft? If you are accused or want to file a complaint, see Free legal help in the Philippines.
When is theft qualified?
The article lists three groups of cases.
Who took it. Theft committed by a domestic servant, or with grave abuse of confidence.
What was taken. The article names these things:
if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of a plantation, fish taken from a fishpond or fishery
When it was taken. Property taken during a disaster or similar event:
if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.
One of these circumstances is enough. The prosecution has to prove it, in addition to the theft itself.
How much higher is the penalty for qualified theft?
Article 310 says the penalty is "next higher by two degrees" than the one in Article 309 for the same value. So the first step is to find the Article 309 bracket for the value stolen. The penalty then goes two steps up the Code's scale of penalties.
We do not print a computed range here. Moving up by degrees follows other rules of the Code, and the court then fixes the actual sentence based on the facts. A lawyer can explain the range for a specific value. For the Article 309 brackets, see What is the penalty for theft in the Philippines?
What changed in Article 310 over the years?
The Supreme Court E-Library copy of the Revised Penal Code still prints the 1930 wording of Article 310. That version raised the penalty by only one degree ("next higher in degree"). It covered domestic servants, grave abuse of confidence, large cattle, coconuts and fish from a fishpond or fishery, but not motor vehicles, mail or calamities.
The article was amended several times. The wording in force, shown on this page, comes from Batas Pambansa Blg. 71 (1980). It raises the penalty by two degrees and includes motor vehicles, mail matter, and property taken during calamities, vehicular accidents and civil disturbances.
Frequently asked questions
What makes theft qualified theft?
Article 310 lists the cases: theft by a domestic servant, theft with grave abuse of confidence, theft of a motor vehicle, mail matter or large cattle, coconuts from a plantation, fish from a fishpond or fishery, and theft during a fire, earthquake, typhoon, volcanic eruption, other calamity, vehicular accident or civil disturbance.
What is the penalty for qualified theft?
Article 310 says the penalty is two degrees higher than the one Article 309 sets for the same value. Find the Article 309 bracket first, then go two degrees up. The exact range depends on rules of the Code that this page does not compute.
Is theft by a kasambahay qualified theft?
Article 310 names theft committed by a domestic servant as qualified theft. Whether a particular worker counts, and whether the taking was theft at all, is decided by the court on the evidence.
Is qualified theft a different crime from theft?
It is still theft as defined in Article 308. Article 310 adds a circumstance that makes the penalty heavier. The prosecution must prove both the theft and the qualifying circumstance.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?