Penalty for Theft of Personal Property in the Philippines
(Articles 308-311, Revised Penal Code, as amended by R.A. 10951)
This article is meant for general information only and is not legal advice. Consult a Philippine lawyer for advice on a specific case.
1. Statutory Framework
| Provision | Substance |
|---|---|
| Art. 308 | Defines ‟theft”: taking personal property belonging to another, without violence or intimidation of persons and without force upon things, with intent to gain (animus lucrandi). “Taking” covers: (a) appropriation; (b) conversion; (c) failure to deliver lost property; (d) unauthorized use of telecommunication or power (added by special laws). |
| Art. 309 | Prescribes the basic penalties, graduated by the value of the property stolen. Thresholds were re-indexed by R.A. 10951 (2017) to correct the 1930 values for inflation. |
| Art. 310 | Qualified theft—same elements as simple theft, but committed under any of six circumstances (e.g., by a domestic servant; with grave abuse of confidence; of motor vehicle, mail matter, large cattle, coconuts or fish, etc.; on occasion of calamity). Penalty: two degrees higher than that for simple theft. |
| Art. 311 | Provides for subsidiary liability of innkeepers, tavern-keepers and proprietors of establishments for thefts committed by their employees. |
Related special laws: Anti-Fencing Act (P.D. 1612), Anti-Cattle Rustling Act (P.D. 533), Carnapping Act (R.A. 10883), Intellectual Property Code (R.A. 8293) for intangible goods, etc. When a special law squarely covers the taking, it prevails over the RPC.
2. Elements of Theft
- Personal property is taken.
- It belongs to another (or the owner does not consent).
- Taking is without violence or intimidation of any person and without force upon things (otherwise it is robbery).
- Intent to gain (presumed from the unlawful taking).
- Taking is without the owner’s consent.
Note: Electricity, water, telephone load, or digital content are treated as personal property under jurisprudence and special statutes.
3. Graduated Penalties under Article 309 (as amended)
| Value of the thing stolen (R.A. 10951, 2017 values) | Principal penalty (imprisonment)† | Fine |
|---|---|---|
| > ₱2,200,000 | Prisión mayor, minimum & medium (6 yrs 1 day – 10 yrs) | Not less than the value stolen |
| ₱1,200,000 – ≤ ₂,200,000 | Prisión mayor, maximum → Reclusión temporal, minimum (10 yrs 1 day – 14 yrs 8 mos) | Same rule |
| ₱600,000 – ≤ 1,200,000 | Prisión correccional, medium & maximum (2 yrs 4 mos 1 day – 6 yrs) | Same |
| ₱20,000 – ≤ 600,000 | Prisión correccional, minimum & medium (6 mos 1 day – 4 yrs 2 mos) | Same |
| ₱5,001 – ≤ 20,000 | Arresto mayor, maximum → Prisión correccional, minimum (4 mos 1 day – 2 yrs 4 mos) | Same |
| ₱501 – ≤ 5,000 | Arresto mayor, minimum & medium (1 mo 1 day – 4 mos) | Same |
| ≤ ₱500 | Arresto menor (1 day – 30 days) or fine ≤ ₱20,000 (court’s discretion) |
† Penalties are stated in periods; the court selects the period based on aggravating/mitigating circumstances, then fixes the precise duration per Art. 64 RPC.
4. Qualified Theft (Art. 310)
If any qualifying circumstance is present, add two degrees to the basic penalty computed under Art. 309.
- Example: property worth ₱50,000 taken by a trusted company cashier ⇒ base penalty: prisión correccional min-med. Two degrees higher ⇒ reclusión temporal min-med (12 yrs 1 day – 17 yrs 4 mos).
| Qualifying Circumstance | Practical Notes |
|---|---|
| Domestic servant | Includes kasambahay or any person in household service. |
| Grave abuse of confidence | Exists when the offender enjoyed a special trust relationship (e.g., cashier, bank teller, warehouseman). |
| Property: motor vehicle, mail matter, large cattle, coconuts, fish from fishpond | PD 533 and RA 10883 may supersede Art. 310 and impose even heavier penalties. |
| Property belongs to National Library/National Museum | Protects cultural patrimony. |
| Theft during calamity, civil disturbance, fire, etc. | Reflects moral depravity; heavier punishment justified. |
Accessory penalties of the higher degree (e.g., temporary absolute disqualification) also apply.
5. Attempted & Frustrated Theft
Under Art. 51 in relation to Art. 64:
- Attempted theft → penalty two degrees lower than that prescribed for the consummated theft.
- Frustrated theft → penalty one degree lower.
(The Supreme Court in People v. Del Rosario held that there can be frustrated theft because intent to gain is not yet fulfilled until the offender has free disposal of the property.)
6. Civil Liability & Restitution
- Restitution of the property (or its value) is the primary civil liability (Art. 100-106 RPC).
- If restitution is impossible (property lost/destroyed), the offender must indemnify the value plus consequential damages (e.g., lost income).
- Civil action is impliedly instituted with the criminal case unless the offended party waives/reserves or has already filed a separate civil case (Rule 111, Rules of Criminal Procedure).
7. Prescription of Crime & Penalty
| Penalty Prescribed | Crime Prescribes In | Penalty Prescribes In |
|---|---|---|
| Prisión mayor or reclusión temporal | 15 years | 20 years |
| Prisión correccional | 10 years | 15 years |
| Arresto mayor / menor or fine ≤ ₱40,000 | 5 years | 10 years |
| Light penalties (≤ ₱40,000 and arresto menor) | 2 months | 5 years |
Prescription runs from the date of discovery (Art. 90-92 RPC), not from the date of taking.
8. Modifiers & Special Situations
- Recidivism, abuse of superior strength, nighttime may raise the penalty to the next higher period.
- Mitigating circumstances (e.g., spontaneous plea of guilt, restitution before trial) can lower the period.
- Children in conflict with the law (R.A. 9344) are exempt from criminal liability below 15 yrs, or subject to diversion programs (15-18 yrs) unless acting with discernment.
- Plea-bargaining: In A.M. 18-03-16-SC (2018), the Supreme Court allowed pleas to a lesser offense (e.g., from qualified theft to simple theft) if civil liability is satisfied.
- Retroactive effect of R.A. 10951: Beneficial to the accused under Art. 22 RPC (People v. Jugueta, G.R. 202124, Apr 5 2016, applied prospectively; later cases applied R.A. 10951 retroactively even to final convictions).
- Fines and subsidiary imprisonment: If the accused has insufficient property to pay the fine, subsidiary imprisonment applies (Art. 39 RPC) but never exceeds 1/3 of the principal penalty nor 1 year if the principal penalty exceeds prisión correccional.
- Corporate theft: Corporations have no criminal liability under the RPC, but responsible officers (e.g., treasurer, president) may be indicted; the corporation remains liable civilly (Art. 365, Corp. Code).
- Cyber-theft: Unauthorized transfer of electronic funds may be charged as cyber-fraud (R.A. 8792, R.A. 10175) or theft under Art. 308 if treated as personal property.
9. Comparison With Related Offenses
| Offense | Key Distinction | Penalty Reference |
|---|---|---|
| Robbery (Arts. 293-297) | Taking with violence or intimidation (robbery with violence) or by force upon things (robbery in an inhabited house). | Generally reclusión temporal or higher. |
| Estafa (Art. 315) | Property obtained with the owner’s consent through fraud/abuse of confidence, then misappropriated. | Penalties pegged to the same monetary bands as theft (R.A. 10951). |
| Fencing (P.D. 1612) | Knowing purchase, possession, or sale of stolen property. | Penalty two degrees lower than the consummated robbery/theft plus fine of the same value. |
| Carnapping (R.A. 10883) | Taking of motor vehicle, with or without violence. | Prisión mayor to reclusión perpetua depending on circumstances (e.g., homicide, rape). |
10. Practical Tips for Practitioners
- Always prove the exact value of the property. When receipts are unavailable, present expert testimony or owner’s valuation (accepted in People v. Uy). Courts cannot speculate.
- Check for qualifying circumstances early; they dramatically increase exposure.
- Consider restitution; courts may view it as a mitigating circumstance or ground for plea-bargaining.
- Argue for retroactive application of R.A. 10951 on pending or even final cases (via habeas corpus) when the new monetary thresholds favor the accused.
- Mind the civil component. Even if the accused is acquitted (reasonable doubt on identity), civil liability may still be awarded if the act is proven (Art. 29, Civil Code).
11. Quick Reference to Imprisonment Periods
| Penalty | Minimum Period | Medium Period | Maximum Period |
|---|---|---|---|
| Arresto menor | 1-10 days | 11-20 days | 21-30 days |
| Arresto mayor | 1-2 mos | 2 mos 1 day-4 mos | 4 mos 1 day-6 mos |
| Prisión correccional | 6 mos 1 day-2 yrs 4 mos | 2 yrs 4 mos 1 day-4 yrs 2 mos | 4 yrs 2 mos 1 day-6 yrs |
| Prisión mayor | 6 yrs 1 day-8 yrs | 8 yrs 1 day-10 yrs | 10 yrs 1 day-12 yrs |
| Reclusión temporal | 12 yrs 1 day-14 yrs 8 mos | 14 yrs 8 mos 1 day-17 yrs 4 mos | 17 yrs 4 mos 1 day-20 yrs |
| Reclusión perpetua | 20 yrs 1 day-40 yrs | — | — |
(Art. 61-76 RPC)
12. Conclusion
The penalty for theft of personal property in the Philippines is highly elastic, calibrated on:
- Monetary value of the thing stolen (updated by R.A. 10951);
- Qualifying circumstances (Art. 310);
- Aggravating or mitigating factors; and
- Relative stages (attempted, frustrated, consummated).
Because these variables can swing the penalty from mere days to decades of imprisonment, precise pleading and proof are indispensable—both for prosecutors seeking conviction and defense counsel safeguarding the accused’s liberty.