Dear PAO,
I was accused of stealing a certain item. The complaint failed to state the actual value of the stolen item. I pointed this out to the paralegal helping me, and he said that this might violate my right to be informed of the nature and cause of accusation thrown against me. Would the failure of the information to state the actual value of stolen item violate my right?
Tiritir
Dear Tiritir,
Theft is a crime punishable under Article 308 of the Revised Penal Code of the Philippines, as amended. The said provision of law states that:
“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.
“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 fruits, cereals, or other forest or farm products.”
In Realiza vs. People of the Philippines, GR 228745, Aug. 26, 2020, which was penned by Associate Justice Samuel Gaerlan, the Supreme Court enumerated the elements of theft and these are:
“Under Article 308 of the RPC, the essential elements of theft are: (1) the taking of personal property; (2) the property belongs to another; (3) the taking away was done with intent of gain; (4) the taking away was done without the consent of the owner; and (5) the taking away is accomplished without violence or intimidation against person or force upon things.”
From the foregoing, the value of the stolen article is not an essential element of theft. This is further backed by the ruling in Ramirez vs. People of the Philippines, GR 260164, March 3, 2026, where the Supreme Court, speaking through Senior Associate Justice Marvic M.V. F. Leonen, stated that:
“The value of the item stolen is not among the elements of theft. As such, an exact valuation of the item will not impact the right of the accused to be informed of the nature and cause of the accusation against him. The value only gains significance in determining the proper penalty to be imposed on the accused, which must be based on the value proven during trial, and not merely on the Information or uncorroborated testimonies presented by the prosecution.”
Applying the above-quoted jurisprudence to your situation, the value of the stolen is immaterial in the determination whether the crime of theft was committed. It is not one of the enumerated elements of theft so the mistake in the value of the stolen item or failure to state its value will not in any way affect the right of the accused to be informed of the nature and cause of accusation against him. The value of stolen item will only affect the proper penalty to be imposed upon the offender.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
