What is qualified theft, and how is it different from theft?

Answer

Qualified theft is theft committed under circumstances the law treats as more serious — most commonly by a domestic servant or with grave abuse of confidence (for example, an employee entrusted with the property), or when the thing stolen is a motor vehicle, mail matter, or large cattle, or is taken on the occasion of a calamity (Article 310).

The practical difference is the penalty: qualified theft is punished by penalties two degrees higher than ordinary theft for the same value. This is why employee theft involving abuse of confidence is charged as qualified theft and carries markedly heavier penalties.

Sources & further reading

• RPC Art. 310 — qualified theft
• RPC Art. 309 — penalties
• Full report: theft & qualified theft

Cases on this topic

• Analyn Bondame v. People
• Arlene Homol y Romorosa v. People
• Edwin del Rosario v. People
• El Pueblo de Filipinas v. Jose de la Cruz
• Fernando Pante y Rangasa v. People
• Jain v. People
• Janice Reside y Tan v. People
• Jomar Ablaza y Caparas v. People

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• What is the difference between theft and estafa?
• What is the difference between theft and robbery?