Filing a case for theft
DearPAO, Iwasmanningoursmallgrocery storewhenIcaughtsomeone whowasabouttoleavethepremises soapsandshampoosthathe KEPTINHISJACKET.IWANTTOfiLEA casefortheft,butmyfathersaid itwouldnotprosperbecause Istoppedthethiefbeforehe couldeventaketheitemsfrom theshop.Isthistrue?
Max
Dear Max,
You may sue the person for theft. Under the Revised Penal Code, it is stated that:
“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. xxx”
The elements of theft are the following: ( 1) that there be taking of personal property; (2) that said property belongs to another; (3) that the taking be done with intent to gain; (4) that the taking be done without the consent of the owner; and ( 5) that the taking be accomplished without the use of violence against or intimidation of persons or force upon things.
Based on your narration, all these elements were satisfied, and the crime of theft was consummated even if you kept the culprit from leaving the store. In the landmark case of Aristotel the Philippines ( GR 160188, June 21, 2007), the Supreme Court, through Associate Justice Dante Tinga, held that:
“xxx The ability of the offender to freely dispose of the property stolen is not a constitutive element of the crime of theft. It finds no support or extension in Article 308, whether as a descriptive or operative element of theft or as the mens rea or actus reus of the felony. xxx
“xxx There would be all but certain unanimity in the position that theft is produced when there is deprivation of personal property due to its taking by one with intent to gain. Viewed from that perspective, it is immaterial to the product of the felony that the offender, once having committed all the acts of execution for theft, is able or unable to freely dispose of the property stolen since the deprivation from the owner alone has already ensued from such acts of execution. xxx
“Indeed, we have, after all, held that unlawful taking, or apoderamiento, is deemed complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose of the same. xxx”
In other words, the crime of theft was completed from the moment the thief gained possession of the bath soaps and shampoos and hid them in his jacket. It is of no moment that you caught him and stopped him from exiting your store because by then, all the elements of the crime had already been fulfilled.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.