What is theft under Philippine law?

Answer

Theft is committed by any person who, with intent to gain but without violence, intimidation, or force upon things, takes the personal property of another without the owner's consent (Article 308 of the Revised Penal Code). Its elements are: a taking of personal property belonging to another, with intent to gain, without the owner's consent, and accomplished without violence or intimidation against persons or force upon things.

Theft is distinguished from robbery, which involves violence, intimidation, or force upon things, and from estafa, which involves deceit or abuse of confidence in how the property is obtained. The penalty for theft depends on the value of the property taken.

Sources & further reading

• RPC Art. 308 — who are liable for 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

Related questions

• What is qualified theft, and how is it different from theft?
• What is the penalty for theft in the Philippines?
• What is the difference between theft and estafa?
• What is the difference between theft and robbery?