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Chanrobles Virtual Law Library: Chanroblesvirtuallawlibrary
Chanrobles Virtual Law Library: Chanroblesvirtuallawlibrary
Chanrobles Virtual Law Library: Chanroblesvirtuallawlibrary
Applicability
Section 1. Scope. — This rule shall govern the summary procedure in
the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit Trial Courts in the
following cases falling within their jurisdiction: chanroblesvirtuallawlibrary
A. Civil Cases: chanroblesvirtuallawlibrary
library
B. Criminal Cases: chanroblesvirtuallawlibrary
III.
Criminal Cases
Sec. 11. How commenced. — The filing of criminal cases falling
within the scope of this Rule shall be either by complaint or by
information: Provided, however, that in Metropolitan Manila and in
Chartered Cities. such cases shall be commenced only by
information, except when the offense cannot be prosecuted de
oficio. chanrobles virtual law library
The complaint or information shall be accompanied by the affidavits
of the compliant and of his witnesses in such number of copies as
there are accused plus two (2) copies for the court's files.If this
requirement is not complied with within five (5) days from date of
filing, the care may be dismissed. chanrobles virtual law library
chanrobles virtual law library
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon
for conciliation under the provisions of Presidential Decree No. 1508
where there is no showing of compliance with such requirement,
shall be dismissed without prejudice and may be revived only after
such requirement shall have been complied with. This provision
shall not apply to criminal cases where the accused was arrested
without a warrant. chanrobles virtual law library
chanrobles virtual law library
THEFT
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.
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 inclosed 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. chanrobles virtual law
library
Ra 10951
"1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing
stolen is more than One million two hundred thousand pesos (₱1,200,000) but does not
exceed Two million two hundred thousand pesos (₱2,200,000); but if the value of the thing
stolen exceeds the latter amount, the penalty shall be the maximum period of the one
prescribed in this paragraph, and one (1) year for each additional One million pesos
(₱1,000,000), but the total of the penalty which may be imposed shall not exceed twenty (20)
years. In such cases, and in connection with the accessory penalties which may be imposed
and for the purpose of the other provisions of this Code, the penalty shall be termed prisión
mayor or reclusion temporal, as the case may be.
"2. The penalty of prisión correccional in its medium and maximum periods, if the value of
the thing stolen is more than Six hundred thousand pesos (₱600,000) but does not exceed
One million two hundred thousand pesos (₱1,200,000).
"3. The penalty of prisión correccional in its minimum and medium periods, if the value of the
property stolen is more than Twenty thousand pesos (₱20,000) but does not exceed Six
hundred thousand pesos (₱600,000).
"4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the
value of the property stolen is over Five thousand pesos (₱5,000) but does not exceed
Twenty thousand pesos (₱20,000).
"5. Arresto mayor to its full extent, if such value is over Five hundred pesos (₱500) but does
not exceed Five thousand pesos (₱5,000).
"6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five
hundred pesos (₱500).
"7. Arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), if the theft is
committed under the circumstances enumerated in paragraph 3 of the next preceding article
and the value of the thing stolen does not exceed Five hundred pesos (₱500). If such value
exceeds said amount, the provisions of any of the five preceding subdivisions shall be made
applicable.
"8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos
(₱5,000), when the value of the thing stolen is not over Five hundred pesos (₱500), and the
offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a
livelihood for the support of himself or his family."
Mediu
Entire Minimu Maximu
Name Type m Accessory penalties
length m length m length
length
Perpetual absolute
disqualification and that
Not applied; commuted to reclusión
Death Capital of civil interdiction during
perpetua.
thirty years following the
date of sentence
Reclusión Afflictive
20 years and 1 day to 40 years[8]
perpetua
If
Prisión 6 6 years 8 years 10 years disqualificatio
mayor years and 1 and 1 and 1 day n is imposed,
and day to 8 day to to 12 12 years and
one years 10 years 1 day
day to years Temporary
12 absolute
years disqualificatio
n and that of
perpetual
special
disqualificatio
n from the
right
of suffrage
Suspension from public
office, from the right to
follow a profession or
calling, and that of
Prisión
perpetual special
correccion
disqualification from the
al
right of suffrage, if the
duration of said
2 years, imprisonment shall
6
6 months 4 exceed eighteen months.
month
and 1 months 4 years, 2
Suspensio s and If suspension is imposed,
day to 2 and 1 months
n one 6 years
years day to 4 and 1 day
day to
and 4 years to 6 years Any person sentenced to
6
months and 2 destierro shall not be
Correctiona years months permitted to enter the
l place or places
designated in the
Destierro sentence, nor within the
radius therein specified,
which shall be not more
than 250 and not less
than 25 kilometers from
the place designated.
1
month 2
4 months
and 1 1 month months
Arresto and 1 day
day to to 2 and 1 Suspension of the right to
mayor to 6
6 months day to 4 hold office and the right
months
month months of suffrage during the
s term of the sentence
1 day 11 days 21 days
Arresto 1 day to
Light to 30 to 20 to 30
menor 10 days
days days days