CRIMES AGAINST PROPERTY There is factually impossibility to accomplish the crime of qualified

theft since the check is unfunded. (Jacinto v. P, G.R. No. 162540, July
1. THEFT: is consummated:
13, 2009)
 when the offender unlawfully acquires possession of PERSONAL
PROPERTY, even if for a short time; or if such property is under the
2. QUALIFIED THEFT is committed by any person who takes personal property
dominion and control of the thief.
of another without the latter’s consent with intent to gain and with any of
 Actual manual possession of property is NOT required. the following qualifying circumstances:
 CONSTRUCTIVE POSSESSION of the thief over the property is a. Domestic servant
ENOUGH. (Laurel v. Abrogar, G.R. No. 155076, Jan. 13, 2009) b. Grave abuse of confidence
INTENT TO GAIN c. On the occasion of fire, earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance
 The subsequent recovery of the stolen property will not preclude the d. Coconuts taken from the premises of the plantation, or fish taken from
presence of intent to gain as an element of theft. a fishpond or fishery
 Actual gain is IRRELEVANT as the important consideration is the intent e. The property stolen is a mail matter (Art. 310)
to gain or animus lucrandi.
 It is an internal act presumed from the unlawful taking. (P v. GRAVE ABUSE OF CONFIDENCE
Asamuddin, G.R. No. 213913, Sept. 2, 2015)  An employee, who took the company, is liable for qualified theft if the
 When a person, or learning how to drive, or ENJOYING A FREE RIDE, stolen properties are accessible to him (Zapanta v. P, G.R. No. 209373,
takes possession of a vehicle belonging to another, without the March 20, 2013)
consent of its owner is CARNAPPING. (P v. Bustinera, G.R. 148233,  Making the property accessible to the employee is an indication that
June 8, 2004) the employer has confidence on him that he will not steal the
property.
THEFT ROBBERY
 As a rule, the possession of the employee such as bank teller,
 Made without the consent  Made by means of
of the owner violence or intimidation collector, or cash custodian is only physical. Hence,
or by using force upon MISAPPROPRIATION OF PROPERTY IS QUALIFIED THEFT. Abuse of
things confidence is present since the property is accessible to the
employee.
IMPOSSIBLE CRIME OF THEFT

 Non-realization of gain: stealing unfunded check payable to the 3. ESTAFA THOUGH MISAPPROPRIATION AND THEFT
company of the accused and presenting it for encashment to the THEFT ESTAFA
drawee bank, which dishonored it by reason of insufficiency of funds. The offender takes the property The offender receives the
 without the consent of the personal property with consent of
owner. the owner under obligation to
return or deliver it, but thereafter,
he converts, or misappropriates
the same or denies its receipt.
The offender acquired de facto The offender acquired juridical or
or physical possession only legal possession
defined in the anti-carnapping law the stealing of which comes within its
penal sanction. (Izon v. P)
QUALIFIED CARNAPPING(Special Complex Crime): committed when the owner,
driver, or occupant of the carnapped motor vehicle is killed or raped in the
commission of the carnapping.

4. CARNAPPING (R.A. No. 10883)

 Taking, with intent to gain, of a motor vehicle belonging to another
without the latter’s consent, or by means of violence against or
intimidation of persons, or by using force upon things.

TAKING: In theft, robbery and carnapping, taking is deemed complete from

the moment the offender gains possession of the thing, even if he has no
opportunity to dispose of the same. (P v. Sia)

The person, who is in possession of a recently stolen property without

justifiable explanation, is presumed to be the author of theft. Since the
concept of carnapping is the same as that of theft, this presumption of
authorship of theft applies to carnapping.(P v. Garcia)

EXCLUDED MOTOR VEHICLE:

1. Road rollers, trolley cars, street sweepers, sprinklers, lawn mowers,

bulldozers, graders, forklifts, amphibian trucks and cranes if not used on
public highways;
2. Vehicles which run only on rails or tracks; and
3. Tractors, trailers and traction engines of any kinds used exclusively for
agricultural purposes.

If the motor vehicle is expressly excluded from the coverage of RA

10883, taking such vehicle is QUALIFIED THEFT. A tricycle, which is not
included in the exception, is thus deemed to be that kind of motor vehicle as