Personal Property and Theft (RPC)

Laurel v. Abrogar

“Personal property” under the Revised Penal Code must be considered in tandem with the word “take” in the law.

The statutory definition of “taking” and movable property indicates that, clearly, not all personal properties may be the proper subjects of theft. The general rule is that only movable properties which have physical or material existence and susceptible of occupation by another are proper objects of theft.

According to Cuello Callon, in the context of the Penal Code, only those movable properties which can be taken and carried from the place they are found are proper subjects of theft. Intangible properties such as rights and ideas are not subject to theft because the same cannot be “taken” from the place it is found and is occupied or appropriated.

Such rights or interests are intangible and cannot be “taken” by another x x x The following rights or interests are intangible and cannot be “taken” by another: Right to produce oil, good will or an interest in business, or the right to engage in business, credit or franchise.

Movable properties with physical and material existence and may be taken by another; hence, proper subjects of theft:

  • Goods
  • Wares
  • Merchandise
  • Plastic Credit Card

When is theft consummated? When offender unlawfully takes possession of personal property even for a short time; or he has obtained complete and absolute possession. It is not necessary that he actually carried it away or made his escape with it. (People v. Salvilla)

0 0 votes
Article Rating

Latest Legal Vocabulary Index

Bigamy

any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been

Read More »

Conspiracy

as defined in Article 8 of the Revised Penal Code: Agreed and decided to commit. Conspiracy exists when two or more persons come to an agreement

Read More »

Circumstantial Evidence

Circumstantial evidence is defined as that evidence that “indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established.

Read More »

Capital Gains Tax

Capital Gains Tax meaning – a final tax assessed on the presumed gain derived by citizens and resident aliens, as well as estates and trusts,

Read More »