- Statute
- Philippine Revised Penal Code
- Article
- Art. 309
- Topic
- Penalties (theft)
- Status
- In force, as amended
- Year
- 1930
- Cited by
- Multiple Supreme Court decisions
The provision
Art. 309. Penalties. — Any person guilty of theft shall be punished by:
1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing stolen is more than One million two hundred thousand pesos (P1,200,000) but does not exceed Two million two hundred thousand pesos (P2,200,000); but if the value of the thing stolen exceeds the latter amount, the penalty shall be the maximum period of the one prescribed in this paragraph, and one (1) year for each additional One million pesos (P1,000,000), but the total of the penalty which may be imposed shall not exceed twenty (20) years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prisión mayor or reclusion temporal, as the case may be.
2. The penalty of prisión correccional in its medium and maximum periods, if the value of the thing stolen is more than Six hundred thousand pesos (P600,000) but does not exceed One million two hundred thousand pesos (P1,200,000).
3. The penalty of prisión correccional in its minimum and medium periods, if the value of the property stolen is more than Twenty thousand pesos (P20,000) but does not exceed Six hundred thousand pesos (P600,000).
4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the value of the property stolen is over Five thousand pesos (P5,000) but does not exceed Twenty thousand pesos (P20,000).
5. Arresto mayor to its full extent, if such value is over Five hundred pesos (P500) but does not exceed Five thousand pesos (P5,000).
6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five hundred pesos (P500).
7. Arresto menor or a fine not exceeding Twenty thousand pesos (P20,000), if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed Five hundred pesos (P500). If such value exceeds said amount, the provisions of any of the five preceding subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos (P5,000), when the value of the thing stolen is not over Five hundred pesos (P500), and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.
Intellegal Wiki · In plain terms
This article fixes the penalty for theft by the value of the thing stolen, on a graduated scale running from prisión mayor at the top down to arresto menor at the bottom. Where the value exceeds the highest bracket, one year is added for each additional one million pesos, but the total may not exceed twenty years. Two paragraphs stand apart from the value scale: paragraph 7 covers theft committed in the circumstances of Article 308's third paragraph, and paragraph 8 provides a reduced penalty where the offender acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for himself or his family. Article 308 defines who is liable for theft.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Rommel C. Briones v. People G.R. No. 156009
- People v. Dingal G.R. No. 248374
- People v. Cabanada G.R. No. 221424
- People v. Pascual G.R. No. 234168