Legal basis and legislative objective
- Section 1 operates as a further amendment to Article 310 of the Revised Penal Code, as previously amended.
- Batas Pambansa Blg. 71 provides a framework for punishing theft more severely when qualifying circumstances exist.
Amended rule: Qualified theft under Art. 310
- Article 310 defines qualified theft as theft punishable by penalties next higher by two degrees than those specified in the next preceding article.
- Qualified theft applies when the theft is committed by any of the following qualifying circumstances:
- By a domestic servant.
- With grave abuse of confidence.
- When the property stolen is:
- a motor vehicle; or
- mail matter; or
- large cattle; or
- coconuts taken from the premises of a plantation.
- When the property stolen is:
- fish taken from a fishpond or fishery; or
- property taken on the occasion of:
- fire; or
- earthquake; or
- typhoon; or
- volcanic eruption; or
- any other calamity; or
- vehicular accident; or
- civil disturbance.
- The qualifying circumstance categories are treated as alternative bases for elevating the penalty to two degrees higher than the corresponding baseline in the next preceding article.