The provision
ARTICLE 308. Who are liable for theft. -Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. Theft is likewise committed by: 1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and 3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.
Key points
Article 308 defines who are liable for theft. Theft is committed by a person who, with intent to gain but without violence against or intimidation of persons or force upon things, takes the personal property of another without consent.
It also covers a finder of lost property who fails to deliver it to the authorities or owner, a person who, after maliciously damaging property, removes or uses the fruits or object of the damage, and one who enters an enclosed estate to hunt, fish, or gather products without consent. The elements are taking, personal property of another, intent to gain, lack of consent, and absence of violence, intimidation, or force. It is distinguished from estafa under Article 315 and from robbery.