INTERNAL OFFICE MEMORANDUM OF LAW

TO : Atty. Gerard Villaflor, Senior Associate

FROM: Atty. Benjamin Ladesma, Junior Associate
SUBJECT: Theft
DATE : September, 27, 2021

STATEMENT OF THE ASSIGNMENT

Determine whether Ms. Penelope Reyes could be charge for the offense of theft for taking a file

from her office and making it available to the public although she had returned it 5 days later. 

ISSUES

1. Whether Ms. Penelope Reyes had committed theft when she took the file from his office.

FACTS

Our client, Ms. Penelope Reyes, a government administrative officer in January 2021 had

removed a file from her office and made it available to an outsider. She returned the file 5 days

later to her office.

 APPLICABLE STATUES AND CASES

Theft, Revised Penal Code, Section 308.  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.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local

authorities or to its owner;

2. Any person who, after having maliciously damaged the property of another, shall remove or

make use of the fruits or object of the damage caused by him; and

3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which

belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall

gather cereals, or other forest or farm products.

Theft by government officer or employees of property in possession of government, RA

10344, Sec. 6. Whoever, being a clerk or servant, or being employed in the capacity of a clerk or

servant, commits theft in respect of any property in the possession of his master or employer,

shall be punished with not less than twelve (12) years but not more than fifteen (15) years, and

shall also be liable to fine.

“Movable property”, Article 418 of Civil Code. The words “movable property” are intended to

include corporeal property of every description, except land and things attached to the earth, or

permanently fastened to anything which is attached to the earth.

“Theft”, Art 310 of RPC. “Theft to be committed, the following elements must concur: Taking

of personal property; That the said property belongs to another; That the said taking be done with

intent to gain; That it be done without the owner’s consent; That it be accomplished without the

use of violence or intimidation against persons, nor of force upon things; That it be done with

grave abuse of confidence.”

Criminal Liability, Art. 4. Par 1 of Revised Penal Code. Criminal liability should be incurred

by a person committing a felony although the wrongful act done be different with that he

intended.

ANALYSIS

“The elements of theft, punishable under Article 310, in relation to Articles 308 and 309, of the

Revised Penal Code (RPC), are as follows: (a) the taking of personal property; (b) the said

property belongs to another; (c) the said taking be done with intent to gain; (d) it be done without

the owner’s consent; (e) it be accomplished without the use of violence or intimidation against

persons, nor of force upon things; and (j) it be done under any of the circumstances enumerated

in Article 310 of the RPC, i.e., with grave abuse of confidence” (People of the Philippines vs.

Delos Santos, GR 220685, Nov. 29, 2017, Ponente: Associate Justice Estela Perlas-Bernabe).

In the case of Penelope Reyes, in this case the appellant, who was an administrative officer

employed by the Government Land Authority was charged with theft of property in the

possession of her employer under section 310 of the Penal Code when she takes the Land Free E-

title equipment without the latter’s consent and make it available to the public in return for

consideration.
Therefore, based on the cited authority, our client can be said to have committed the offences of

theft under Section 310 of the Revised Penal Code.

 CONCLUSION

1. Ms. Penelope Reyes action has fulfilled all the elements of the offence of theft under

Section 310 and if she were to be charge, she may be found guilty by the court.

RECOMMENDATION

Our client appears to have a committed an offense of theft, thus we should take measure in

ensuring that her best interest is taking care for. These include in determined whether she would

consider plea bargaining for a lighter sentencing. If not, we should inquire more information

concerning her action so that we could formulate a defense should she be charged by the Public

Prosecutor.

Yours Truly,

BENJAMIN V. LADESMA