Crimes Against Property: Theft, Robbery, Estafa and More

The way the property is taken. Article 293 defines robbery:

Article 308 defines theft:

Force upon things means how the offender gets to the property: for robbery in a house, entering through an opening not meant for entry, breaking a wall, door or window, or using false keys (Article 299). So breaking into a house to steal is robbery, not theft. A sudden grab is not always robbery: in Ablaza v. People (2018), the Supreme Court changed a conviction for snatching necklaces from robbery to theft, because a grab cannot be readily equated with the use of violence. See Robbery vs theft.

By the value of what was taken, under Article 309 as amended by Republic Act No. 10951. The brackets are in the theft penalties table. Article 308 also treats as theft keeping lost property instead of delivering it to the owner or the local authorities. See What is the penalty for theft?

Theft is consummated as soon as the offender gets possession of the thing. In Valenzuela v. People (2007), the full Supreme Court ruled that there is no frustrated theft, so a shoplifter caught at the exit has usually committed consummated theft. See Caught shoplifting before leaving the store and Attempted, frustrated and consummated crimes.

Article 310 raises the penalty by two degrees when the theft is committed by a domestic servant or with grave abuse of confidence, or when the thing stolen is a motor vehicle, mail matter, large cattle, coconuts from a plantation or fish from a fishpond, or when it is taken during a fire, earthquake, typhoon or other calamity, a vehicular accident or a civil disturbance. Theft by a kasambahay is the common example. See What is qualified theft? and qualified theft.

It depends on the kind of robbery:

• With violence or intimidation (Article 294). There are five penalty levels, depending on whether someone was killed or raped, how serious any injuries were, and whether the violence went beyond what the robbery needed. Robbery with homicide carries reclusion perpetua, because Republic Act No. 9346 prohibits the death penalty.
• By force upon things in a house, public building or church (Article 299). The penalty depends on whether the robbers were armed and whether the property is worth more than ₱50,000.

See the robbery penalties table and Robbery in the Philippines.

Estafa, or swindling, is defrauding another person by one of the means listed in Article 315. The most common are keeping money or goods received in trust or on commission (abuse of confidence), lying before or at the moment the money is handed over (false pretenses), and paying with a check that has no funds. In Corpuz v. People (2014), the full Supreme Court listed the elements of estafa by abuse of confidence and said the demand to return the property "need not even be formal; it may be verbal."

The penalty depends on the amount: see the estafa penalties table and Estafa: elements and penalty. A plain failure to pay a debt, with no lie at the start and nothing held in trust, is usually a civil matter, not estafa: see Can you go to jail for unpaid debt? A bounced check can also be a separate case under Batas Pambansa Blg. 22: see BP 22 vs estafa.

Two more articles catch other frauds. Article 316 lists six other forms of swindling, such as selling or mortgaging land while pretending to own it. Article 318 punishes any other deceit that causes damage and is not covered by the earlier articles.

In theft, the offender takes the property without consent. In estafa, the owner hands it over, by trust or because of a lie, and the offender then cheats the owner out of it. The two come closest when an employee keeps money: Article 310 speaks of theft "with grave abuse of confidence", while Article 315 speaks of property received in trust. Which one applies depends on how the person held the property and on the facts proven. See Theft vs estafa.

It can be. Article 312 punishes taking possession of real property, or usurping real rights in property, belonging to another by violence against or intimidation of persons. The penalty is a fine of 50 to 100 percent of the gain obtained, but not less than ₱15,000, and the offender is punished separately for the acts of violence. Without violence or intimidation, Article 312 does not apply, and the remedy is usually a civil case such as forcible entry. See Someone took over your land by force and Land and property disputes.

Deliberately damaging someone else's property, when the act is not arson or another crime of destruction (Article 327). Scratching a car with a key or smashing a window on purpose are examples. The penalty depends on the value of the damage (Article 329). Damage caused only by carelessness is a different offense. See Malicious mischief.

Article 332 exempts certain relatives from criminal liability for three crimes:

The relative can still be made to return the property or pay damages, and strangers who take part are not exempt. In Carungcong v. People (2010), the Supreme Court held that the in-law relationship survives the death of the spouse for this purpose, but that the exemption did not cover a charge of estafa through falsification of public documents, a complex crime. Robbery is not in the list, and a household helper or employee is not a relative. See Can you file theft or estafa against a family member?

These are made-up examples to show how the rules work. They are not advice for any real case.

Mario finds a wallet with cash on a jeepney seat and keeps it, without trying to return it to the owner or bringing it to the authorities. Under Article 308, this can be theft, and the amount decides the penalty.

Lea gives her neighbor Joy jewelry to sell on commission, with the duty to remit the proceeds or return the pieces. Joy does neither and stops answering. If the facts are proven, this fits estafa by abuse of confidence under Article 315, as in Corpuz.

Ben takes his father's laptop without asking and sells it. Under Article 332, Ben, a descendant, has no criminal liability for the theft, but he can be made to pay for the laptop. A friend who helped him sell it is not exempt.

Get legal help as soon as you are accused of a crime against property, or before you file a complaint, because the facts decide which crime applies and which penalty bracket is used. Criminal cases also have deadlines: see How many years before a criminal case prescribes? If you cannot afford a lawyer, the Public Attorney's Office may help: see Free legal help in the Philippines.