Theft qualifies if it is committed during a crisis such as an earthquake

Dear PAO,

Recently a strong earthquake was felt in Metro Manila. Fortunately, we got home safely despite the fact that we were inside a mall when the earthquake hit. Regarding such kind of natural disaster, my family jokingly discussed that they saw some shady people inside the mall allegedly trying to steal things during the commotion caused by the earthquake. Having said that, if such an infamous act did indeed happen, may I know the liability under the law of persons who would be caught doing so?

Tolits

Dear Tolits,

Anyone caught stealing will be held liable for the crime of theft. But committing this crime in a time of crisis, such as a natural disaster such as an earthquake, is rightfully considered the said crime.

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To guide you, Law 3815, as amended, or commonly referred to as the Revised Penal Code, provides the legal basis for the aforementioned. Article 308 of the law briefly defined the crime of theft, while Article 309 of it stipulated the penalties, namely:

Article 308 – Who bears responsibility for theft. – Theft is committed by any person who, with intent to gain but without violence, intimidation or coercion of things, takes the personal property of another person without his consent.

Theft is also committed by:

“xxx Article 309. Penalties – Any person guilty of theft shall be punished with the following:

“1- The punishment of the mayor in the lower and middle periods, if the value of the stolen thing exceeds one million two hundred thousand pesos (200,000,000 pesos) and does not exceed two million two hundred thousand pesos (200,000,000 pesos) ); but if the value of the stolen thing exceeds the last amount, the penalty is maximum term for the term provided for in this paragraph, and one (1) year for each additional one million pesos (1,000,000 pesos), but the total penalty that may be imposed shall not exceed twenty (20) years.In such cases, and in respect of ancillary penalties that may are imposed and for the purposes of the other provisions of this law, the penalty is called prisión mayor or temporary removal, as the case may be.

“2- The penalty of concurrent imprisonment in its medium and maximum terms if the value of the stolen thing exceeds six hundred thousand pesos and does not exceed one million two hundred thousand pesos (one million and two hundred thousand pesos).

“3- The penalty of concurrent imprisonment in its minimum and medium terms, if the value of the stolen property exceeds twenty thousand pesos (20,000 pesos) and does not exceed six hundred thousand pesos (600,000 pesos).

“4- The arrest of the mayor in the middle period of the concurrent sentence in its minimum term, if the value of the stolen property is more than five thousand pesos (5,000 pesos) and does not exceed twenty thousand pesos (20,000 pesos).

“5- Mayor of Arresto to the fullest extent, if such value is more than five hundred pesos (P500) but does not exceed five thousand pesos (P5005).

6- The arrest of the mayor in the lower and middle terms, if this value does not exceed five hundred pesos (P500).

“7- Arrest or a fine not exceeding twenty thousand pesos (20,000 pesos), if the theft was committed under the circumstances mentioned in paragraph 3 of the following preceding article and the value of the thing stolen does not exceed five hundred pesos (P500) if that value exceeds the said amount, The provisions of any of the five preceding subsections shall apply.

“8- Minor’s arrest for a minimum term or a fine not exceeding Five Thousand Pesos (0,005 Pesos), when the value of the thing stolen does not exceed Five Hundred Pesos (P500), and the offender has acted under the motive of hunger, poverty, or difficulty in making a living to support himself or his family.” (emphasis and emphasis provided)

The foregoing states that theft is committed by any person who, with intent to gain but without violence or intimidation against persons or forcing things, takes another person’s personal property without his consent. Also, it is important to note that the penalty also depends on the value of the stolen property. The higher the amount, the higher the penalty.

As already mentioned, if theft is committed on the occasion of an earthquake, the same is considered conditional theft, thus:

Article 310: Conditional theft. – The crime of theft shall be punishable by the following penalties two degrees higher than those respectively specified in the preceding article, if it is committed by a domestic servant, or by gross abuse of trust, or if the stolen property is a car, postal item, large cattle, or consists of coconuts taken from farm premises, fish taken from an aquarium or hunting grounds, or if the property is seized on the occasion of fire, earthquake, hurricane, volcanic eruption, or other disaster, motor accident or civil commotion.” (emphasis and emphasis provided)

By applying the foregoing, if it is established that the illegal act of the crime of theft occurred during a calamity such as an earthquake, then this is considered conditional and is punishable by the following penalties that are two degrees higher than the stipulated penalties. Petty theft.

We hope to be able to answer your inquiries. This advice is based solely on the facts you have listed and our appreciation for them. Our opinion may differ when other facts have been changed or detailed.

Editor’s note: Dear PAO is a daily column for the Attorney General’s Office. Questions can be sent to Chief Acosta [email protected]

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