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    Qualified Theft

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    Heaven Scents
    The document discusses the differences between qualified theft and estafa. Qualified theft involves taking possession of another's personal property without consent and with intent to gain. Estafa involves unfaithfulness, abuse of confidence, or deceit that results in misappropriation of money, goods, or property. The elements of qualified theft are outlined. Estafa can be committed through unfaithfulness, abuse of confidence, deceitful acts, or fraudulent means. Qualified theft is considered if committed by a domestic servant, with grave abuse of confidence, or involves specific types of stolen property.

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    Qualified Theft

    Uploaded by

    Heaven Scents
    32 views2 pages
    The document discusses the differences between qualified theft and estafa. Qualified theft involves taking possession of another's personal property without consent and with intent to gain. Estafa involves unfaithfulness, abuse of confidence, or deceit that results in misappropriation of money, goods, or property. The elements of qualified theft are outlined. Estafa can be committed through unfaithfulness, abuse of confidence, deceitful acts, or fraudulent means. Qualified theft is considered if committed by a domestic servant, with grave abuse of confidence, or involves specific types of stolen property.

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    The document discusses the differences between qualified theft and estafa. Qualified theft involves taking possession of another's personal property without consent and with intent to gain. Estafa involves unfaithfulness, abuse of confidence, or deceit that results in misappropriation of money, goods, or property. The elements of qualified theft are outlined. Estafa can be committed through unfaithfulness, abuse of confidence, deceitful acts, or fraudulent means. Qualified theft is considered if committed by a domestic servant, with grave abuse of confidence, or involves specific types of stolen property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    32 views2 pages

    Qualified Theft

    Uploaded by

    Heaven Scents
    The document discusses the differences between qualified theft and estafa. Qualified theft involves taking possession of another's personal property without consent and with intent to gain. Estafa involves unfaithfulness, abuse of confidence, or deceit that results in misappropriation of money, goods, or property. The elements of qualified theft are outlined. Estafa can be committed through unfaithfulness, abuse of confidence, deceitful acts, or fraudulent means. Qualified theft is considered if committed by a domestic servant, with grave abuse of confidence, or involves specific types of stolen property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Qualified Theft, there is taking of personal property, whereas in Estafa, the offender

    receives the property and misappropriates it for his own benefit.

    elements of qualified theft in relation to Articles 308 and 309 and is punishable under
    Article 310 of the Revised Penal Code (RPC), are as follows:

    (a) there is taking of personal property

    (b) that the said property belongs to another

    (c) that the said taking be done with intent to gain

    (d) that the taking be done without the owner’s consent

    (e) that the taking be accomplished without the use of violence or intimidation
    against persons, nor force upon things

    (f) that it can be done under any of the circumstances enumerated in Article 310
    of the Revised Penal Code

    Article 315 of the Revised Penal Code states that estafa may be committed through:

    1.
    1. Unfaithfulness or abuse of confidence:
    a. Altering the quality, quantity, and substance of the subject matter in a
    contract;
    b. Misappropriating or converting someone else’s money, goods, or any
    other personal property; or denying these from them;
    c. Taking advantage of a signature in blank
    2. Deceit or fraudulent acts:
    a. Using a fictitious identity to deceive another;
    b. Altering quality, fineness or weight of anything pertaining to art or
    business;
    c. Issuing unfunded or postdated checks;
    d. Availing of services from hotels, restaurants, inns, etc. without paying for
    them
    3. Fraudulent means:
    a. Inducing another, through deceit, to sign any document;
    b. Resorting to fraudulent practice to ensure success in a gambling game;
    c. Removing, concealing or destroying – in whole or in part – any court
    record, office files, document, or any other papers.
    Theft is qualified —

    1. If the theft is committed by a domestic servant.


    2. If the theft is committed with grave abuse of confidence.
    3. If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large
    cattle.
    4. If the property stolen consists of coconuts taken from the premises of
    a plantation.
    5. If the property stolen is fish taken from a fishpond or fishery.
    6. If property is taken on the occasion of fire, earthquake, typhoon,
    volcanic eruption, or any other calamity, vehicular accident or civil
    disturbance.

    grave" describing "abuse of confidence" in the second


    kind of qualified theft. There must be allegation in the information and
    proof of a relation, by reason of dependence, guardianship or vigilance,
    between the accused and the offended party, that has created a high degree
    of confidence between them, which the accused abused.

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