Criminal Law - THEFT with Indeterminate Sentence - Dean Joe-Santos Balagtas Bisquera

THEFT * General Principles * Consummated vs Attempted Theft * No FRUSTRATED Theft * QUALIFIED Theft - Penalties for Theft, Simple Theft, Qualified Theft, Indeterminate Sentence for Qualified Theft
GENERAL CONCEPTS - TAKING of another's Personal Property without his Consent - with Intent to Gain presumed - with no Violence or Intimidation vs a Person - with no Force on Things ;
NAME (identity) of Owner needed to indicate absence of his CONSENT - POSSESION, conclusive indication of Unlawful Taking - ATTEMPTED Theft for Acts BEFORE POSSESION - CONSUMMATED THEFT for Acts AFTER POSSESSION;
NO FRUSTRATED Theft - the VALENZUELA Decision declared that the Diño and Flores earlier decisions are not longer jurisdictional available for FRUSTRATED Theft;
QUALIFIED Theft - Penalty dependent on the Amount of Property Stolen - SIMPLE Theft vs QUALIFIED Theft - Penalty for Qualified Theft increased to 2 Degrees Higher than that of Simple Theft - Qualified Theft done by Domestic Servant, any person who abuses CONFIDENCE, Property Stolen - Motor Vehicle, Mail Matter, Large Cattle, Coconuts, fishes;
PENALTY for Simplre vs Qualified Theft - Minimum and Maximum Penalties for Simple Theft increased by 2 Degrees higher - Indeterminate Sentence - Maximum and Minimum Penalties - Minimum Penalty down one degree lower - freedom through Parole after serving the Minimum Penalty.

[@marialilibethdellonardo8887]

Dean Bisquera, thank you very much for sharing your video lectures in Criminal Law🥰❤..God bless you always in good health!🙏❤🙏

[@franciscastillo4116]

Thank u po sir

[@BleseangelieSevilla-fl1lj]

Hello good day po ask q lng kung ngnAkaw po ng loptop at bike and celphone .. ilng months bago ka lalaya .. or bubunuin ng nkulong na ang kaso ay theft

[@franciscastillo4116]

Good afternoon, sir, may query lng po ako, what instances does theft have higher penalty than robbery assuming po they have amount of stolen property po, sir?

[@joesantosbbisquera]

I do not know of any instance where d Penalty for Theft will be higher than Robbery. do you know? If you are a JD Student, master d BASICS and do not punish urself too much with difficult scenarios. when you take d BAR, they will test ur knowledge of d BASICS in Law. Otherwise, no one will pass d BAR.

[@joycelltubillo9702]

Hi sir, what would be the penalty of consummated theft?

[@joesantosbbisquera]

The Value of the subject matter of the Theft determines the initial Penalty, reduced by the Indeterminate Sentence Law. Can you see whether the Slide explained the Penalty for Consummated Theft? What Law School are you from, Joycell?

[@roldanjimenez6966]

Sir,tanong lng.meron po bang attempted theft sa mall or dapat consummated pag customer ang nag nakaw?At isa pa po paano kung ordinary employees ang nag nakaw ma consider po ba iyong qualify theft kasi po my inspection po everything na lalabas sa sila sa employees receiving.salamat sir.Godbless.

[@joesantosbbisquera]

When d customer has already taken d product without having paid for it, Theft yon. but if he failed to take d item out but already hid to disguise his taking, but nahuli sa inspection, Attempted Theft. Employees will always be prosecuted for QUALIFIED Theft bec their company expects their loyalty.

[@kaokaoben-me2cb]

Dean, what about if nakuha na wallet ay yung Designer wallet that cost 50k pesos and the money inside is just a small amount, let’s say 100 pesos. And he didn’t even touched the money. Can that wallet itself be used as evidence of theft ( property- no consent)…. ? Is it considered a consumated theft ?

[@joesantosbbisquera]

When the INTENT to take away the Property refers to the Designer Wallet, then the taking of that Wallet becomes the THEFT - of that Wallet. The TARGET of the INTENT to TAKE AWAY will determine the Subject Matter of the Offense of Theft, not necessarily the money only. Great question.

[@joesantosbbisquera]

Yes, d more expensive Wallet is d Subject of Theft.