Arnel Lopez Santuyo Economic Crime

2-1CM03

1. Theft is a criminal offense under Philippine law. It is defined and penalized under
Article 308 of the Revised Penal Code of the Philippines.
According to this law, theft is committed when a person takes and carries away the
personal property of another, with the intent to gain, without the consent of the owner,
and without any right or justification.
The elements of theft, as provided by Philippine law, are:
The taking of personal property - this refers to the physical taking or carrying away of
property, even if only for a brief moment.
The property must belong to another - the property taken must be owned by someone
else other than the thief.
Lack of consent - the owner did not give permission or consent for the property to be
taken.
Intent to gain - the thief must have the intention to profit or gain from the taking of the
property.
Lack of right or justification - the thief must not have any lawful reason or justification for
taking the property.
If found guilty of theft, a person may face imprisonment and/or payment of damages to
the victim, depending on the circumstances of the case.

 Qualified Theft is a more serious form of theft that involves aggravating

circumstances, such as the use of violence or intimidation, or the theft of property
exceeding a certain value.
Qualified theft is defined under Article 310 of the Revised Penal Code as follows:
"Art. 310. Qualified Theft. - The crime of theft shall be punished by the penalties next
higher by two degrees than those respectively specified in the next preceding article, if
committed by a domestic servant, or with grave abuse of confidence, or if the property
stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the
premises of a plantation, fish taken from a fishpond or fishery or if property is taken on
the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance.
The penalty to be imposed shall be reclusion temporal if the value of the property stolen
is more than 12,000 pesos but does not exceed 22,000 pesos, and if the value of the
property exceeds the latter sum, the penalty shall be reclusion temporal to reclusion
perpetua."
In simpler terms, if the theft involves any of the circumstances mentioned above, the
penalty for the crime is higher compared to a regular theft case. The punishment can
range from reclusion temporal (imprisonment for 12-20 years) to reclusion perpetua
(imprisonment for 20 years and one day to life imprisonment), depending on the value
of the property stolen.
 Breach of Trust is a criminal offense that falls under the category of crimes
against property. Specifically, breach of trust refers to the act of misappropriating
or converting to one's own use, money, goods, or any other personal property
that has been entrusted to the offender by virtue of his or her profession,
employment, or any other kind of relationship.
The crime of breach of trust is defined and penalized under Article 315, paragraph 1(b)
of the Revised Penal Code. The law provides that any person who, with intent to
defraud another, misappropriates or converts to his or her own use, money, goods, or
any other personal property that has been entrusted to him or her by virtue of his or her
office, profession, employment, or any other kind of relationship, shall be guilty of the
crime of estafa through misappropriation or conversion.
The penalty for breach of trust varies depending on the value of the property involved. If
the value of the property is more than PHP 22,000, the offender may be punished with
imprisonment for a period ranging from 6 years and 1 day to 20 years, along with a fine.
If the value of the property is less than PHP 22,000, the penalty is imprisonment for a
period ranging from 4 years, 2 months and 1 day to 6 years, along with a fine.
It is important to note that breach of trust is a serious offense in the Philippines, and
those who are found guilty of this crime may face severe penalties under the law.

In the Philippines, malversation of public funds and sabotage of public funds are both
crimes that involve the misuse or misappropriation of public funds, but they differ in their
specific elements and penalties.
 Malversation of public funds is a criminal offense under Article 217 of the
Revised Penal Code of the Philippines. It is committed by a public officer who, by
reason of his or her official position, is accountable for public funds or property,
and who either (a) appropriates them for his or her own personal use or benefit,
or (b) allows any other person to take such funds or property, through
abandonment or negligence. The penalty for malversation of public funds ranges
from prision correccional (imprisonment for 6 months and 1 day to 6 years) to
reclusion perpetua (imprisonment for at least 30 years).
Sabotage of Public Funds is a crime under Republic Act No. 10867 or the Anti-
Sabotage Act of 2016. It is committed by any person who knowingly and wilfully
commits any act intended to destroy, damage, or obstruct any facility or public utility
used in connection with the delivery of essential public services or supplies, with the
intention of undermining the government or causing widespread fear and panic among
the populace. The penalty for sabotage of public funds is reclusion perpetua to death,
depending on the gravity of the offense.

Both malversation of public funds and sabotage of public funds are serious offenses
that are punishable by law. They are aimed at protecting public funds and ensuring that
they are used for their intended purposes in the service of the Filipino people.

2. Art. 297c of the Labor Code is a provision that applies to employment agencies
or labor contractors that supply workers to perform job functions for a client
company. It sets out the joint and several liability of the employment agency or
labor contractor and the client company for the payment of wages and other
labor-related benefits to the workers.
Under this provision, the employment agency or labor contractor is jointly and severally
liable with the client company for the payment of the workers' wages and other benefits.
This means that both the employment agency or labor contractor and the client
company are responsible for ensuring that the workers receive their rightful
compensation and benefits.
The provision also sets out the conditions under which an employment agency or labor
contractor may be held liable. For instance, an employment agency or labor contractor
may be held liable if they fail to pay the workers' wages or if they deduct any amount
from the workers' pay without proper authorization.
This provision is important because it helps to protect the rights of workers who are
employed through employment agencies or labor contractors. By holding both the
employment agency or labor contractor and the client company responsible for the
payment of wages and other labor-related benefits, it ensures that workers are not left
without recourse if either party fails to meet their obligations.
Overall, Art. 297c of the labor code helps to promote fairness and accountability in the
employment relationship, and it plays an important role in protecting the rights of
workers who are employed through employment agencies or labor contractors.
Breach of Trust and Confidence is a legal concept recognized in Philippine labor law
that refers to the violation of the duty of an employee to maintain the trust and
confidence of the employer.
Under Philippine law, employees are required to uphold the highest degree of honesty
and integrity in the performance of their duties. This includes maintaining confidentiality
of company trade secrets and confidential information, avoiding conflicts of interest, and
refraining from any act that may undermine the employer's business interests.
When an employee engages in conduct that violates this duty of trust and confidence,
the employer may terminate the employment for cause. Examples of behavior that may
constitute breach of trust and confidence include theft or misappropriation of company
property, divulging confidential information to third parties, engaging in acts of disloyalty,
and insubordination.
It's worth noting that in Philippine law, the employer bears the burden of proving that the
employee engaged in conduct that breached the trust and confidence of the employer. If
the employer fails to meet this burden of proof, the termination may be deemed illegal
and the employee may be entitled to reinstatement and damages.