Legal basis and amendment made
- Section 1 amends Article 310 of the Revised Penal Code.
- The amended provision is titled “ART. 310. Qualified theft.”
- Section 1 changes the rule on punishment when the stolen property is large cattle.
Qualified theft standard for punishment
- Article 310 requires that theft be punished by the penalties next higher in degree than those in the preceding article when any qualifying circumstance is present.
- The qualifying circumstances include theft committed by a domestic servant.
- The qualifying circumstances include theft committed with grave abuse of confidence.
- The qualifying circumstances include theft where the property stolen consists of coconuts or fish taken from a fishpond or fishery.
- Article 310 further establishes that the maximum period of the penalty prescribed in this article shall be imposed when the property stolen is large cattle.
Penalty rule for theft of large cattle
- When theft qualifies under Article 310 because the property stolen is large cattle, courts must impose the maximum period of the penalty prescribed in Article 310.
- The increased severity operates through the penalty structure of Article 310, which bases punishment on the “penalties next higher in degree” rule for qualified theft.
- The maximum-period imposition rule applies specifically to theft where the stolen property is large cattle.