If you have a client, relative or who are entitled for an early
friend, who is imprisoned for, or release or reduction of penalty,
convicted of theft, qualified the penalties for theft, qualified theft, estafa, estafa through theft, estafa, estafa through issuance of bouncing check, issuance of bouncing check, malversation or robbery by malversation and robbery by using for upon thing, you may using for upon thing under the find this new law, RA 10951, old rule and under RA No. 10951 interesting. The penalties for are presented as follows: these crimes under the Revised I. THEFT Penal Code are based on the Article 308 in relation to amount of damage or value of Article 309 of the Revised the property involved. However, Penal Code the minimum wage rate on Note: Theft committed by January 1, 1932, the date of domestic helper or employee effectivity of the Revised Penal is covered by the rule on Code, is only two pesos and fifty qualified theft centavos (P2.50). However, in 2017, the year when RA No. 1. Not over P500 10951 was enacted, the Arresto mayor in its minimum wage rate reached minimum and medium more than five hundred pesos Highest imposable penalty: (P500.00). In sum, the 4 months minimum wage in 2017 is two 2. Over P500 but does hundred (200) fold higher than not exceed P5,000 in 1932. Hence, RA No. 10951 Before: has adjusted value of the Prision correccional in its property or damage on which minimum and medium the penalty is based by periods (6 months to 4 multiplying them by 200. As a years and 2 months) consequence, the penalties for theft, estafa, malversation or RA No. 10951: robbery by using for upon thing Arresto mayor are drastically reduced. Highest imposable penalty Settled is the rule that criminal - 6 months law must be given a retroactive effect if the same is favorable to 3. Over P5,000 but does the accused. According to law's not exceed P20,000 author Senator Franklin Drilon, Before: amending the Revised Penal Prision correccional in its Code would benefit some 50,000 minimum period to prision convicted prisoners who would mayor in its medium likely be released or have their period sentences reduced. It should be (2 years, 4 months and 1 noted that the reduction of day to 10 years) penalty can only be made by the court that rendered the RA No. 10951: judgment of conviction. a. Penalty: For the benefit of those Arresto mayor in its convicted or detention prisoner medium period to prision correccional in its Highest imposable minimum minimum period penalty: 2 years and 4 months Highest imposable penalty: 6. Over P1,200,000 but does 2 years and 4 months not exceed P2,200,000 b. Minimum penalty for Before: purpose of parole Prision mayor in its minimum Destierro in its medium and medium periods plus period to arresto mayor in its incremental penalties minimum (Note: Destierro shall (20 years) not be considered in fixing RA No. 10951 the minimum penalty) a. Penalty: Highest imposable Prision mayor in its minimum minimum penalty: 2 months and medium periods 4. Over P20,000 but does not Highest imposable penalty: 10 exceed P600,000 years Before: b. Minimum penalty for Prision mayor in its minimum purpose of parole: and medium periods plus Prision correccional in its incremental penalties medium and maximum periods (6 years and 1 day to 20 years) Highest imposable minimum RA No. 10951: penalty: 6 years a. Penalty: 7. Over P2,200,000 but is not Prision correccional in its P3,200,000 or more minimum and medium periods Before: Highest imposable penalty: 4 Prision mayor in its minimum years and 2 months and medium periods plus b. Minimum penalty for incremental penalties purpose of parole (20 years) Arresto mayor in its medium RA No. 10951 and maximum periods a. Penalty: Highest imposable minimum Maximum period of prision penalty: 6 months mayor in its minimum and 5. Over P600,000 but does medium periods not exceed P1,200,000 Highest imposable penalty: 10 Before: years Prision mayor in its minimum b. Minimum penalty for and medium periods plus purpose of parole: incremental penalties Prision correccional in its (20 years) medium and maximum periods RA No. 10951 Highest imposable minimum a. Penalty: penalty: 6 years Prision correccional in its 7. P3,200,000 or more but is medium and maximum periods not P4,200,000 or more Highest imposable penalty: 6 Before: years Prision mayor in its minimum b. Minimum penalty for and medium periods plus purpose of parole incremental penalties Arresto mayor in its maximum (20 years) period to prision correccional in RA No. 10951 its minimum period a. Penalty: Maximum period of prision Highest imposable minimum mayor in its minimum and penalty: 6 years medium periods plus 1 year 10. P6,200,000 or more but Highest imposable penalty: 11 is not P7,200,000 or more years Before: b. Minimum penalty for Prision mayor in its minimum purpose of parole: and medium periods plus Prision correccional in its incremental penalties medium and maximum periods (20 years) Highest imposable minimum RA No. 10951 penalty: 6 years a. Penalty: 8. P4,200,000 or more but is Maximum period of prision not P5,200,000 or more mayor in its minimum and Before: medium periods plus 4 years Prision mayor in its minimum Highest imposable penalty: 14 and medium periods plus years incremental penalties b. Minimum penalty for (20 years) purpose of parole: RA No. 10951 Prision correccional in its a. Penalty: medium and maximum periods Maximum period of prision Highest imposable minimum mayor in its minimum and penalty: 6 years medium periods plus 2 years 11. P8,200,000 or more but Highest imposable penalty: 12 is not P9,200,000 or more years Before: b. Minimum penalty for Prision mayor in its minimum purpose of parole: and medium periods plus Prision correccional in its incremental penalties medium and maximum periods (20 years) Highest imposable minimum RA No. 10951 penalty: 6 years a. Penalty: 9. P5,200,000 or more but is Maximum period of prision not P6,200,000 or more mayor in its minimum and Before: medium periods plus 5 years Prision mayor in its minimum Highest imposable penalty: 15 and medium periods plus years incremental penalties b. Minimum penalty for (20 years) purpose of parole: RA No. 10951 Prision correccional in its a. Penalty: medium and maximum periods Maximum period of prision Highest imposable minimum mayor in its minimum and penalty: 6 years medium periods plus 3 years 12. P9,200,000 or more but Highest imposable penalty: 13 is not P10,200,000 or more years Before: b. Minimum penalty for Prision mayor in its minimum purpose of parole: and medium periods plus Prision correccional in its incremental penalties medium and maximum periods (20 years) RA No. 10951 a. Penalty: Highest imposable minimum Maximum period of prision penalty: 6 years mayor in its minimum and 15. P12,200,000 or more but medium periods plus 6 years is not P13,200,000 or more Highest imposable penalty: 16 Before: years Prision mayor in its minimum b. Minimum penalty for and medium periods plus purpose of parole: incremental penalties Prision correccional in its (20 years) medium and maximum periods RA No. 10951 Highest imposable minimum a. Penalty: penalty: 6 years Maximum period of prision 13. P10,200,000 or more but mayor in its minimum and is not P11,200,000 or more medium periods plus 9 years Before: Highest imposable penalty: 19 Prision mayor in its minimum years and medium periods plus b. Minimum penalty for incremental penalties purpose of parole: (20 years) Prision correccional in its RA No. 10951 medium and maximum periods a. Penalty: Highest imposable minimum Maximum period of prision penalty: 6 years mayor in its minimum and 16. P13,200,000 or more medium periods plus 7 years Before: Highest imposable penalty: 17 Prision mayor in its minimum years and medium periods plus b. Minimum penalty for incremental penalties purpose of parole: (20 years) Prision correccional in its RA No. 10951 medium and maximum periods a. Penalty: Highest imposable minimum Maximum period of prision penalty: 6 years mayor in its minimum and 14. P11,200,000 or more but medium periods plus 10 years is not P12,200,000 or more Highest imposable penalty: 20 Before: years Prision mayor in its minimum b. Minimum penalty for and medium periods plus purpose of parole: incremental penalties Prision correccional in its (20 years) medium and maximum periods RA No. 10951 Highest imposable minimum a. Penalty: penalty: 6 years Maximum period of prision mayor in its minimum and II. QUALIFIED THEFT medium periods plus 8 years Article 310 in relation to Highest imposable penalty: 18 Articles 308 and 309 of the years Revised Penal Code b. Minimum penalty for Theft is qualified if the same is purpose of parole: committed by a domestic Prision correccional in its servant (katulong) or employee medium and maximum periods where there is grave abuse of Highest imposable minimum confidence. penalty: 6 years Theft is also qualified if coconuts 3. Over P5,000 but does not are taken from the premises of a exceed P20,000 plantation; fish are taken from a Before: fishpond or fishery; or when it is Prision mayor in its medium committed on the occasion of period to reclusion temporal in fire, earthquake, typhoon, its maximum period volcanic eruption, or any other 8 years and 1 day to 20 years calamity, vehicular accident or RA No. 10951: civil disturbance. a. Penalty: The penalty for qualified theft is Prision mayor in its medium two degrees higher than that period to prescribed for simple theft. reclusion temporal in its 1. Not over P500 minimum period Before: Highest imposable penalty: 14 Prision correccional medium years and 8 months period b. Minimum penalty for Reclusion temporal in its purpose of parole: minimum period Prision correccional in its (2 years and 4 months to 14 medium period to prision mayor years and 8 months) in its minimum period RA No. 10951 Highest imposable minimum a. penalty: penalty: 8 years Prision correccional medium and 4. Over P20,000 but does not maximum periods exceed P600,000 Highest imposable penalty – 6 Before: years Reclusion temporal in its b. Minimum penalty for medium and maximum period purpose of parole: (17 and 4 months and 1 day to Arresto mayors in its maximum 20 years) period to prision correccional in Reclusion perpetua its minimum period 40 year of reclusion perpetua Highest imposable minimum without eligibility for pardon penalty: 2 years and 4 months RA No. 10951: 2. Over P500 but does not a. Penalty: exceed P5,000 Prision mayor in its medium and Before: maximum periods Prision mayor in its medium and Highest imposable penalty: 12 maximum periods years (8 years and 1 day to 12 years) b. Minimum penalty for RA No. 10951: purpose of parole: a. Penalty: Prision correccional in its Prision mayor maximum period to prison Highest imposable penalty: 12 mayor in its minimum period years Highest imposable minimum b. Minimum penalty for penalty: 8 years purpose of parole: 5. Over P600,000 but does Prision correccional not exceed P1,200,000 Before: Reclusion perpetua b. Minimum penalty for 40 year of reclusion perpetua purpose of parole: without eligibility for pardon Prision mayor maximum period RA No. 10951: to reclusion temporal minimum a. Penalty: period Prision mayor in its maximum Highest imposable minimum period to penalty: 14 years and 8 months reclusion temporal in its 7. P3,200,000 or more minimum period Before: Highest imposable penalty: 14 Reclusion perpetua years and 8 months 40 year of reclusion perpetua b. Minimum penalty for without eligibility for pardon purpose of parole: RA No. 10951: Prision mayor in its minimum Maximum period of reclusion and medium period temporal in its medium and Highest imposable minimum maximum periods plus penalty: 10 years incremental penalty 6. Over P1,200,000 but does First view: If the principal not exceed P2,200,000 penalty and incremental exceeds Before: 20 years, the penalty shall be Reclusion perpetua considered reclusion perpetua 40 year of reclusion perpetua (San Diego vs. The Hon. CA, without eligibility for pardon G.R. No. 176114, April 08, RA No. 10951: 2015; People vs. Cruz, G.R. No. a. Penalty: 200081, June 08, 2016) Reclusion temporal in its Highest imposable penalty: medium and maximum periods Reclusion perpetua Highest imposable penalty: 20 Second view: The principal years penalty and incremental penalty b. Minimum penalty for must not exceed 20 years purpose of parole: (Frontreras vs. People, G.R. No. Prision mayor maximum period 190583, December 7, 2015). to reclusion temporal minimum Highest imposable penalty: 20 period years Highest imposable minimum penalty: 14 years and 8 months III. ESTAFA OR SWINDLING 6. Over P2,200,000 but is not Article 315 of the Revised P3,200,000 or more Penal Code Before: Note: There is a special penal Reclusion perpetua rule for estafa through issuance 40 year of reclusion perpetua of bouncing check without eligibility for pardon 1. Does not exceed P40,000 RA No. 10951: Before: a. Penalty: Arresto mayor in its medium Maximum period of reclusion period temporal in its medium and Prision correccional in its maximum periods maximum period to prision Highest imposable penalty: 20 mayor in its minimum period years and 1 year incremental penalty (2 months and 1 day to 9 years) RA No. 10951 Prision correccional in its Arresto mayor in its medium maximum period to prision and maximum periods mayor in its minimum period Highest imposable penalty: 6 plus incremental penalty of 12 months years (20 years) 2. Over P40,000 but does not RA No. 10951: exceed P1,200,000 a. Penalty Before: Prision correccional in its Prision correccional in its maximum period to prision maximum period to prision mayor in its minimum period mayor in its minimum period Highest imposable penalty: 8 plus incremental penalty (9 years years to 20 years) b. Minimum penalty for RA No. 10951 purpose of parole a. Penalty Prision correccional in its Arresto mayor in its maximum minimum and medium periods period to Highest imposable minimum Prision correccional in its penalty: 4 years and 2 months minimum period 5. Over P4,400,000 but is not Highest imposable penalty: 2 P6,400,000 or more years and 4 months Before: b. Minimum penalty for Prision correccional in its purpose of parole maximum period to prision Arresto mayor in its minimum mayor in its minimum period and medium periods plus incremental penalty of 12 Highest imposable minimum years (20 years) penalty: 4 months RA No. 10951: 3. Over P1,200,000 but does a. Penalty not exceed P2,400,000 Maximum period of prision Before: correccional in its maximum Prision correccional in its period to prision mayor in its maximum period to prision minimum period mayor in its minimum period Highest imposable penalty: 8 plus incremental penalty of 12 years years (20 years) b. Minimum penalty for RA No. 10951 purpose of parole a. Penalty Prision correccional in its Prision correccional in its minimum and medium periods minimum and medium periods Highest imposable minimum Highest imposable penalty: 4 penalty: 4 years and 2 months years and 2 months 6. P6,400,000 or more but is b. Minimum penalty for not P8,400,000 or more purpose of parole Before: Arresto mayor in its medium Prision correccional in its and maximum periods maximum period to prision Highest imposable minimum mayor in its minimum period penalty: 6 months plus incremental penalty of 12 4. Over P2,400,000 but does years (20 years) not exceed P4,400,000 RA No. 10951: Before: a. Penalty Maximum period of prision b. Minimum penalty for correccional in its maximum purpose of parole period to prision mayor in its Prision correccional in its minimum period plus 1 year minimum and medium periods Highest imposable penalty: 9 Highest imposable minimum years penalty: 4 years and 2 months b. Minimum penalty for 9. P12,400,000 or more but purpose of parole is not P14,400,000 or more Prision correccional in its Before: minimum and medium periods Prision correccional in its Highest imposable minimum maximum period to prision penalty: 4 years and 2 months mayor in its minimum period 7. P8,400,000 or more but is plus incremental penalty of 12 not P10,400,000 or more years (20 years) Before: RA No. 10951: Prision correccional in its a. Penalty maximum period to prision Maximum period of prision mayor in its minimum period correccional in its maximum plus incremental penalty of 12 period to prision mayor in its years (20 years) minimum period plus 4 years RA No. 10951: Highest imposable penalty: 12 a. Penalty years Maximum period of prision b. Minimum penalty for correccional in its maximum purpose of parole period to prision mayor in its Prision correccional in its minimum period plus 2 years minimum and medium periods Highest imposable penalty: 10 Highest imposable minimum years penalty: 4 years and 2 months b. Minimum penalty for 10. Over P14,400,000 but purpose of parole does not exceed P16,400,000 Prision correccional in its Before: minimum and medium periods Prision correccional in its Highest imposable minimum maximum period to prision penalty: 4 years and 2 months mayor in its minimum period 8. P10,400,000 or more but plus incremental penalty of 12 is not P12,400,000 or more years (20 years) Before: RA No. 10951: Prision correccional in its a. Penalty maximum period to prision Maximum period of prision mayor in its minimum period correccional in its maximum plus incremental penalty of 12 period to prision mayor in its years (20 years) minimum period plus 5 years RA No. 10951: Highest imposable penalty: 13 a. Penalty years Maximum period of prision b. Minimum penalty for correccional in its maximum purpose of parole period to prision mayor in its Prision correccional in its minimum period plus 3 years minimum and medium periods Highest imposable penalty: 11 Highest imposable minimum years penalty: 4 years and 2 months 11. P16,400,000 or more but plus incremental penalty of 12 is not P18,400,000 or more years (20 years) Before: RA No. 10951: Prision correccional in its a. Penalty maximum period to prision Maximum period of prision mayor in its minimum period correccional in its maximum plus incremental penalty of 12 period to prision mayor in its years (20 years) minimum period plus 8 years RA No. 10951: Highest imposable penalty: 16 a. Penalty years Maximum period of prision b. Minimum penalty for correccional in its maximum purpose of parole period to prision mayor in its Prision correccional in its minimum period plus 6 years minimum and medium periods Highest imposable penalty: 14 Highest imposable minimum years penalty: 4 years and 2 months b. Minimum penalty for 14. P22,400,000 or more is purpose of parole not P24,400,000 or more Prision correccional in its Before: minimum and medium periods Prision correccional in its Highest imposable minimum maximum period to prision penalty: 4 years and 2 months mayor in its minimum period 12. P18,400,000 or more but plus incremental penalty of 12 is not P20,400,000 or more years (20 years) Before: RA No. 10951: Prision correccional in its a. Penalty maximum period to prision Maximum period of prision mayor in its minimum period correccional in its maximum plus incremental penalty of 12 period to prision mayor in its years (20 years) minimum period plus 9 years RA No. 10951: Highest imposable penalty: 17 a. Penalty years Maximum period of prision b. Minimum penalty for correccional in its maximum purpose of parole period to prision mayor in its Prision correccional in its minimum period plus 7 years minimum and medium periods Highest imposable penalty: 15 Highest imposable minimum years penalty: 4 years and 2 months b. Minimum penalty for 15. P24,400,000 or more but purpose of parole is not P26,400,000 or more Prision correccional in its Before: minimum and medium periods Prision correccional in its Highest imposable minimum maximum period to prision penalty: 4 years and 2 months mayor in its minimum period 13. P20,400,000 or more but plus incremental penalty of 12 is not P22,400,000 or more years (20 years) Before: RA No. 10951: Prision correccional in its a. Penalty maximum period to prision Maximum period of prision mayor in its minimum period correccional in its maximum period to prision mayor in its Prision correccional in its minimum period plus 10 years minimum and medium periods Highest imposable penalty: 18 Highest imposable minimum years penalty: 4 years and 2 months b. Minimum penalty for ESTAFA THROUGH ISSUANCE purpose of parole OF BOUNCING CHECK Prision correccional in its Article 315 of the Revised minimum and medium periods Penal Code Highest imposable minimum 1. Not exceed P40,000 penalty: 4 years and 2 months Before (PD No. 818): 16. P26,400,000 or more but Prision mayor in its maximum it is not P28,400,000 or more period to Before: reclusion temporal and Prision correccional in its incremental penalty maximum period to prision (10 years and 1 day to 21 mayor in its minimum period years) plus incremental penalty of 12 RA No. 10951 years (20 years) a. Penalty: RA No. 10951: Prision mayor in its minimum a. Penalty period Maximum period of prision Highest imposable penalty: 8 correccional in its maximum years period to prision mayor in its b. Minimum penalty for minimum period plus 11 years purpose of parole Highest imposable penalty: 19 Prision correccional in its years maximum period b. Minimum penalty for Highest imposable minimum purpose of parole penalty: 6 years Prision correccional in its 2. Over P40,000 but does not minimum and medium periods exceed P1,200,000 Highest imposable minimum Before (PD No. 818): penalty: 4 years and 2 months Reclusion temporal plus 17. P28,400,000 or more incremental penalty Before: (22 years to 30 years) Prision correccional in its RA No. 10951 maximum period to prision a. Penalty: mayor in its minimum period Prision mayor in its medium plus incremental penalty of 12 period years (20 years) Highest imposable penalty: 10 RA No. 10951: years a. Penalty b. Minimum penalty for Maximum period of prision purpose of parole correccional in its maximum Prision mayor in its minimum period to prision mayor in its period minimum period plus 12 years Highest imposable minimum Highest imposable penalty: 20 penalty: 8 years years 3. Over P1,200,000 but does b. Minimum penalty for not exceed P2,400,000 purpose of parole Before (PD No. 818): Reclusion temporal plus Highest imposable minimum incremental penalty penalty: 17 years and 4 months (30 years) 6. P8,800,000 or more RA No. 10951 Before (PD No. 818): a. Penalty: Reclusion temporal plus Prision mayor in its maximum incremental penalty period (30 years) Highest imposable penalty: 12 RA No. 10951 years Reclusion temporal b. Minimum penalty for ROBBERY IN INHABITED purpose of parole HOUSE, PUBLIC BUILDING Prision mayor in its medium OR RELIGIOUS EDIFICE period Article 299 of the Revised Highest imposable minimum Penal Code penalty: 10 years 1. Armed and value of the 4. Over P2,400,000 but not stolen property exceeds exceed P4,400,000 P50,000 (before P250) Before (PD No. 818): Reclusion temporal Reclusion temporal plus Highest imposable penalty: 20 incremental penalty years (30 years) 2. Armed and value of the RA No. 10951 stolen property does not a. Penalty: exceed P50,000 (before P250) Reclusion temporal in its Prision mayor minimum and medium periods Highest imposable penalty: 12 Highest imposable penalty: 17 years years and 4 months 3. No armed and value of the b. Minimum penalty for stolen property does not purpose of parole exceed P50,000 (before P250) Prison mayor in its medium and Prision correccional maximum periods Highest imposable penalty: 6 Highest imposable minimum years penalty: 12 years ROBBERY IN UNINHABITED 5. Over P4,400,000 but less HOUSE OR PRIVATE than P8,800,000 BUILDING Before (PD No. 818): Article 302 Reclusion temporal plus 1. Value of the stolen incremental penalty property exceeds P50,000 (30 years) (before P250) RA No. 10951 Prision correccional in its a. Penalty: medium and maximum periods Reclusion temporal its maximum 1. Value of the stolen period property does not exceed Highest imposable penalty: 20 P50,000 (before P250) years Arresto mayor in its maximum b. Minimum penalty for period to prision correccional in purpose of parole its minimum period Reclusion temporal in its MALVERSATION medium period Article 217 of the Revised Penal Code 1. Does not exceed Prision mayor in its maximum P40,000.00 period to reclusion temporal in Before: its minimum period Prision correccional medium Highest imposable penalty: 14 period (2 years and 4 months years and 8 months and 1 day) to reclusion perpetua b. Minimum penalty for RA No. 10951 purpose of parole a. Penalty: Prision mayor in its minimum Prision correccional in its and medium period medium and maximum periods Highest imposable minimum Highest imposable penalty: 6 penalty: 10 years years 4. More than P2,400,000.00 b. Minimum penalty for but is less than purpose of parole P4,400,000.00 Arresto mayor in its maximum Before: period to prision correccional in Reclusion temporal in its its minimum period maximum period (17 years and Highest imposable minimum 4 months and 1 day) to penalty: 2 years and 4 months reclusion perpetua 2. More than P40,000.00 but RA No. 10951 does not exceed a. Penalty: P1,200,000.00 Reclusion temporal in its Before: medium and maximum periods Reclusion temporal in its Highest imposable penalty: 20 maximum period (17 years and years 4 months and 1 day) to b. Minimum penalty for reclusion perpetua purpose of parole RA No. 10951 Prision mayor in its maximum a. Penalty: period to reclusion temporal in Prision mayor in its minimum its minimum period and medium periods Highest imposable minimum Highest imposable penalty: 10 penalty: 14 years and 8 months years 5. More than P4,400,000.00 b. Minimum penalty for but is less than purpose of parole P8,800,000.00 Prision correccional medium and Before: maximum periods Reclusion temporal in its Highest imposable minimum maximum period (17 years and penalty: 6 years 4 months and 1 day) to 3. More than P1,200,000.00 reclusion perpetua but is less than RA No. 10951 P2,400,000.00 a. Penalty: Before: Reclusion temporal in its Reclusion temporal in its maximum period maximum period (17 years and Highest imposable penalty: 20 4 months and 1 day) to years reclusion perpetua b. Minimum penalty for RA No. 10951 purpose of parole a. Penalty: Reclusion temporal in its medium period Highest imposable minimum penalty: 17 years and 4 months 6. Exceeds P8,800,000.00 Before: Reclusion temporal in its maximum period (17 years and 4 months and 1 day) to reclusion perpetua RA No. 10951 Reclusion perpetua