Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

House Bill No__ 51.70

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez IIT and Walden F, Bello

EXPLANATORY NOTE

Act No. 3815 or ‘The Revised Penal Code of the Philippines was enacted in 1932 replacing the

old Penal Code which was, in turn, based on the 1870 Codigo Penal de Espana, ‘Theft was
rewritten in the Revised Penal Code and is defined as an act “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.”

‘The penalty for the crime of theft is generally dependent on the corresponding value of
the personal property stolen. For example, and according to Article 309 of the Revised Penal
Cade, when the value of the thing stolen exceeds 102,000 pesos the imposable penalty is

imprisonment for twenty (20) years.

Other offenses which punish unlawful taking are defined in the Revised Penal Code (for
example, robbery) and by other special penal laws (for example, plunder). A comparison
of the imposable penalties for theft and for crimes of similar but graver nature would
show that those for theft are heavier. Take the case of plunder, which is defined in Section

2 of Republic Act No. 7080 as:

“Seation 2. Definition of the crime of plunder; penalties —Any public
officer who, by himself or in connivance with members of his
family, relative by affinity or consanguinity, business


associates, subordinates or other persons, _amasses,
accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts as described in
Section 1 (@) hereof in the aggregate amount or total value of
at least fifty million pesos shall be guilty of the crime of
plunder and shall be punished by reclusion perpetua to death

xxx”

‘Therefore, while a private individual who commits unlawful taking of property amounting
to 102,000 pesos will have to endure twenty (20) years of imprisonment, a public official,
who is given greater responsibility to uphold the laws of the land, will only be liable for
plunder if the total value of public funds unlawfully taken amounts to 50,000,000 million

pesos.

‘There is a need to adjust the penalties for theft to rationalize its penalty in relation to
crimes of similar nature, and to ensure that imposable penalties are fair and just.
Moreover, having been set more than eighty years ago, the scale of penalties provided in

Article 309 of the Revised Penal Code for theft must be revised to attune to changing times,
In view of the foregoing, immediate approval of this measure is, therefore, earnestly

sought.

\—
IBARRA “BARRY” M\GUTIERREZ II WALDEN F. BELLO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

House Bill No_51.79

Introduced by AKBAYAN Representatives
Ibarra “Barry” M, Gutierrez II and Walden F. Bello

AN ACT
AMENDING ARTICLES 309 AND 310 OF ACT NO, 3815, AS AMENDED,
OTHERWISE KNOWN AS THE “REVISED PENAL CODE OF THE
PHILIPPINES”

Be it enacted by the Senate and Honse of Representatives of the Philippines in Congress assembled:

SECTION 1. Amendatory provisions —

1
2
3 (a) Article 309 of Act No. 3815, as amended, otherwise known as the Revised Penal Code is
4 hereby amended to read as follows:

5

6 “Antile 309, Penalties—Any person guilty of theft shall be
7 punished by:

8

9 1. The penalty of prisiommnayir privion correcional in its minimum
10 and medium periods, if the value of the thing stolen is-more
ul than-42,000-pesos does not exceed 22,000 500,000 pesos; but
12 if the value of the thing stolen exceeds thetatter-amount
13 500,000 pesos, the penalty shall be the medium and
14 maximum periods of the-one-presetibed-in-this- paragraph
15 vision cormevional. ;amne-—ome—yent—for—ench—additional—ten
16 thousand-pesos--ber the: cee ee a
"7 posed shell seed aan ep renee

18 oth ~penalties—which—may—b
19 he-purpose-of-the-pe his Cod

20 Goede pon nema:
the ease maybe:


1
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3
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5

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20

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Constitution prohibiting the enactment of «

6—4emsto-mayorin-its-minimnum-and-medium-periods,-if-stich
eherdocrnoreneeod Speror

ling 200-pesos;if-the-thef
4 numerated—in

Foon ol ene pn
ceed-5-pesoa-H-such-vah ds

‘ stlcabal Pets
subdivisions shall be made-applicable:

Bot 9 tis nine perindbamhnestsrercedng
50-pesos-when-the-value-of-the-thing-stolen-is-not-over
pesorrand-the offender shall ‘Lundee-the-impul
hunger poverty: or-the-diffieuly-or-estning- eivelihoed-tor

hereby amended to read as follows:

“Seation 310. Qualified theft-—The crime of theft shall—be
punished by: the penalties next-higher-by-twe-degrees thie,
those respectively specified inthe nent-preceding-attiele, if
coramitted by a domestic servant, or with grave abuse of
confidence, or if the property stolen is motor vehicle, mail
matter or large cattle or consists of coconuts taken from the
premises of the plantation or fish taken from a fishpond or
fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, voleanie eruption, or any other calamity,
vehicular accident or civil disturbance shall_be punished by
the penalty of priviow comocional in its maximum period and
(prision mayor in its minumum petiod, if the value of the thing
stolen does not exceed 500,000 pesos; but if the value of the
thing stolen exceeds the latter amount, the penalty shall be
prision mayor in its minimum and medium periods.”

(b) Article 310 of Act No. 3815, as amended, otherwise known as the Revised Penal Code is

SECTION 2. Retroactive effect—Pursuant \o Section 22 of the 1987 Philippine

ast facto laws or bills of attainder and to Article

2


Caran eon

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i
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22 of the Renised Penal Code, the provisions of this Act shall have retroactive effect insofar
as they are favorable to the person charged or convicted under Articles 309 and 310 of the
Rewised Penal Code, who is not a habitual criminal, as defined in Rule 5 of Article 62 of the
said Code, even if at the time of the publication of this Act a final sentence has been

pronounced and the convict is serving the same.

SECTION 3. Separabii

invalid or unconstitutional, other provisions not affected thereby shall remain in full force

clause—IE any part, section or provision of this Act is held

and effect.

SECTION 4. Repealing clause—All laws, decrees, orders, rules and regulations or
other issuances, particularly that in the Revised Penal Code, which are inconsistent with the
provisions of this Act, are hereby repealed, amended, or modified accordingly. Articles 309

and 310 of the Revised Penal Code are amended accordingly.

SECTION 5. Effectivit

“This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gagete or in two (2) newspapers of general

circulation.

Approved,