Theft vs qualified theft

Dear PAO,

Is there a difference between theft and qualified theft, or is it just one and the same crime?

Jeremy

Dear Jeremy,

Theft and qualified theft are two separate and distinct crimes punishable under Philippines laws. For better understanding, our laws define "theft" as a crime which is "committed by any person who, with intent to gain but without violence against or intimidation of persons, nor force upon things, shall take personal property of another without the latter's consent." In addition, the crime of theft can be committed by "1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products." (Article 308, Revised Penal Code of the Philippines)