Dear Attorney,

I am seeking legal advice regarding the penalties for qualified theft. If there are multiple counts involved, how would the court handle the sentencing? What is the maximum sanction that could be imposed under Philippine law? Any guidance would be appreciated.

Sincerely,
A Concerned Citizen

Insights

Qualified Theft in Philippine Law

Qualified theft is a more serious form of theft due to the specific relationships or circumstances involved, making the crime particularly egregious. Under Philippine law, qualified theft is governed by Article 310 of the Revised Penal Code (RPC). It is considered a form of theft with an aggravated penalty, meaning that it involves a breach of trust in relationships such as those between employers and employees or family members.

In qualified theft, the relationship between the parties or the circumstances surrounding the crime increases the penalties that would have been imposed for simple theft. This crime generally involves the taking of personal property without consent, but the person committing the crime enjoys a position of trust or confidence, which makes the offense more morally reprehensible.

Penalties for Qualified Theft

The penalties for qualified theft depend on the value of the property stolen. The crime follows the graduated scale of penalties imposed under Article 309 of the RPC for theft. When committed under circumstances that make it "qualified," the penalty is two degrees higher than that prescribed for simple theft.

For example, if the value of the property stolen exceeds ₱22,000, the penalty imposed under the RPC can range from prisión mayor (6 years and 1 day to 12 years) to reclusión perpetua (20 years to life imprisonment), depending on the circumstances of the case.
The degree of punishment increases further if violence or intimidation is used or if the stolen property is essential to the victim's livelihood.

Multiple Counts of Qualified Theft

In cases where multiple counts of qualified theft are alleged, each count is typically treated as a separate offense. This means that each instance of theft can result in individual penalties being imposed. If convicted, the court may opt to impose the sentences consecutively, which could result in a significantly longer period of imprisonment for the offender. However, the court retains discretion in determining whether the sentences should be served concurrently or consecutively.

It’s important to note that aside from imprisonment, those convicted of qualified theft may also be ordered to pay restitution for the value of the stolen items.

Considering the complexities of qualified theft cases and the potentially severe penalties involved, it is strongly recommended to consult legal counsel to understand the full implications of the case and the possible defenses available under the law.