Title
Increased Penalty for Theft of Large Cattle
Law
Commonwealth Act No. 273
Decision Date
Jun 3, 1938
Commonwealth Act No. 273 imposes harsher penalties for theft of large cattle in the Philippines, particularly when committed by domestic servants, with abuse of confidence, or involving coconuts or fish from a fishpond, with the maximum penalty applied if the stolen property is large cattle.

Questions (Commonwealth Act No. 273)

To impose a more severe penalty for theft of large cattle by amending Article 310 of the Revised Penal Code.

Article 310 (Qualified Theft) of the Revised Penal Code.

When committed by a domestic servant, or with grave abuse of confidence, or when the property stolen consists of coconuts or fish taken from a fishpond or fishery.

The crime of theft is punished by the penalties next higher in degree than those specified in the immediately preceding article.

The maximum period of the penalty prescribed in Article 310 shall be imposed.

The maximum period of the penalty in the article must be imposed.

It modifies an existing offense (the penalty for qualified theft under Article 310) by increasing the penalty specifically for theft of large cattle.

Yes, because CA No. 273 specifies that the maximum period of the penalty prescribed in Article 310 shall be imposed if the property stolen is large cattle; however, the baseline that Article 310 is being applied generally requires that the theft falls under the circumstances stated in Article 310.

It means that the penalty for qualified theft is one degree higher than the penalty provided for the basic crime of theft in the immediately preceding article (as referenced by Article 310).

It qualifies theft, triggering the higher penalty structure under Article 310, and potentially the maximum period if the stolen property is large cattle.

It qualifies the theft, making it subject to the penalty prescribed for qualified theft under Article 310.

Fish taken from a fishpond or fishery.

The property stolen consists of coconuts (the law text does not add further source/location qualifiers for coconuts).

It primarily strengthens the penalty: it amends Article 310 so that the maximum period is imposed when the property is large cattle, while the listed qualifying circumstances remain those stated in the amended text.

Upon its approval, which is June 3, 1938.

It directly amends a specific article (Article 310) by replacing its text with an updated version that includes the large cattle maximum-period rule.


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