Question & AnswerQ&A (BATAS PAMBANSA BLG. 71)
Batas Pambansa Blg. 71 is an act further amending Article 310 of the Revised Penal Code regarding qualified theft.
It specifies that qualified theft is punished with penalties two degrees higher than those in the preceding article when committed under certain conditions like by a domestic servant, with grave abuse of confidence, or involving certain types of property or circumstances.
Theft is qualified if committed by a domestic servant, with grave abuse of confidence, if the property stolen is a motor vehicle, mail matter, large cattle, coconuts from a plantation, fish taken from fishpond or fishery, or if the property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, other calamities, vehicular accidents, or civil disturbances.
The penalty for qualified theft is two degrees higher than those specified for ordinary theft in the preceding article of the Revised Penal Code.
Yes, theft committed on the occasion of natural calamities such as fire, earthquake, typhoon, volcanic eruption, or other calamities is considered qualified theft.
Yes, theft of fish taken from a fishpond or fishery is included as qualified theft under the amended law.
Yes, theft committed by a domestic servant is explicitly considered qualified theft.
While not defined explicitly in the text, 'grave abuse of confidence' generally means breach of trust or betrayal of confidence that aggravates the theft, making it qualified theft.
The law took effect upon its approval on May 1, 1980.
Yes, theft committed during civil disturbances is considered qualified theft under this amendment.