c 
i 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. ·1742 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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SEP 26 P 4 :03 
RECEIVi:lJ h'l': or o' 
This bill seeks to amend Act No. 3815, otherwise known as the Penal Code, Article 310, 
by increasing the penalties for certain instances of qualified theft. The reason for the increase of 
penalty for certain cases of qualified theft is found in the debased form of criminality met in one 
who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their 
suffering by taking advantage of their misfortune to despoil them. 
This bill is a product of the public hearings conducted by the Committee on 
Constitutional Amendments, Revision of Codes and Laws during the Tenth Congress.' 
~~ 4, ~ . .4"~ J,,~ 
MIRIAM DEF~SOR sANn¥,o 
1 
. 
• This bill was re-filed during the Thhteenth Congress, First Regular Session. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
'13 
SEP 26 P 4 :03 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 
1742 
RECEIVED Wi: -··r 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
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AMENDING ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE PENAL 
3 
CODE, ARTICLE 310, TO INCREASE THE PENALTIES IN CERTAIN INSTANCES OF 
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QUALIFIED THEFT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Article 310 of Act No. 3815, as amended, otherwise known as the Penal. 
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Code, is hereby amended to read as follows: 
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"ART. 310. Qualified theft. - The crime of theft shall be punished by the 
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penalties next higher by two degrees than those respectively specified in the next 
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preceding articles, if committed by a domestic servant, or with grave abuse of 
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confidence, or if the property stolen is a motor vehicle, mail matter or large cattle 
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or consists of coconut taken from the premises of the plantation or fish taken from 
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a fishpond or fishery. 
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THE PENALTY OF RECLUSION TEMPORAL IN ITS MAXIMUM 
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PERIOD TO RECLUSION PERPETUA SHALL BE IMl'OSED IF THE 
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PROPERTY IS TAKEN ON THE OCCASION OF THE FOLLOWING OR 
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IMMEDIATELY THEREAFTER: 
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1. FIHE, EARTHQUAKE, TYPHOON, VOLCANIC ERUPTION, 
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FLOODS, OR ANY OTHER CALAMITY, NATURAL OR MAN-MADE; 
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2. CIVIL DISRUPTION OR DISTURBANCE, PUBLIC WANT, OR 
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EMERGENCY; AND 
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3. 
ACCIDENTS 
INVOLVING 
LAND, 
SEA, 
AIR, 
AND 
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TRANSPORT. 


THE PENALTY SHALL ALSO APPLY IF THE PROPERTY IS 
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TAKEN FROM A VICTIM OF A CRIME COMMITTED BY ANOTHER, 
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OR FROM PERSONS IN DISTRESS. 
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THE PENALTY OF RECLUSION PERPETUA SHALL BE 
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IMPOSED IF THE OFFENDER IS A LAW ENFORCEMENT AGENT OR 
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OFFICER; A BARANGAY OFFICIAL, IF SUCH HAPPENS IN HIS 
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JURISDICTION; 
A 
FIREMAN 
OF 
THE 
BUREAU 
OF 
FIRE 
8 
PROTECTION 
AND 
OF 
OTHER 
CIVIL 
ORGANIZATIONS 
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EXERCISING 
THE 
SAME 
FUNCTIONS; 
AND 
ANY 
OTHER 
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GOVERNMENT OFFICIAL OR EMPLOYEE ENTRUSTED WITH A 
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DUTY TO RENDER ASSISTANCE DURING THE FOREGOING 
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OCCURRENCES." 
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SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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