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The document discusses the crimes of theft and qualified theft under Philippine law. Theft involves taking another's property without their consent but without violence, intimidation, or force. Qualified theft is punished more severely than regular theft if committed by a domestic servant, with abuse of confidence, involving a motor vehicle, mail matter, large cattle, or fish. Estafa by abuse of confidence has four elements: receiving money or property in trust; misappropriating or denying receipt of the money or property; prejudice against another; and a demand being made to the offender.

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26 views

Art

The document discusses the crimes of theft and qualified theft under Philippine law. Theft involves taking another's property without their consent but without violence, intimidation, or force. Qualified theft is punished more severely than regular theft if committed by a domestic servant, with abuse of confidence, involving a motor vehicle, mail matter, large cattle, or fish. Estafa by abuse of confidence has four elements: receiving money or property in trust; misappropriating or denying receipt of the money or property; prejudice against another; and a demand being made to the offender.

Uploaded by

Roberto Go
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Art. 308. Who are liable for theft.

Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. ART. 310. Qualified theft. - The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of a plantation, or fish taken from a fishpond or fishery."

estafa by abuse of confidence

The elements of estafa with abuse of confidence under this provision are as follows: 1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; 2. That there be misappropriation or conversion of such money or property by the offender; or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is to the prejudice of another; and 4. That there is a demand made by the offended party to the offender.

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