Before Milet drove to the public market one Sunday, she organized her money by bundling together her dollars worth US$4,000 and placed ₱20,000 in an envelope. She drove to the market, bought shrimps and oysters, then hurried back home to prepare lunch. While she was unloading the food from her car, the bundled US$4,000 unknowingly fell from her bag and rolled over to the sidewalk. At that moment, a lato-lato, owned by 13-year-old Henri, suddenly flew near the car of Milet. When Henri retrieved his lato-lato, he saw the bundled money and secretly picked it up. On his way home, Henri bumped into their gardener, Junie, who saw him carrying the bundled money and grabbed it from him. After hearing where Henri got the money from, Junie took US$2,000 as his balato. Junie immediately exchanged the money to Philippine currency and bought an Omega x Swatch MoonSwatch, a Gucci belt, and the latest Samsung phone. Junie was later arrested and charged with Theft. Junie argued that he could not be liable since he was not the one who found the money. Is Junie correct? Explain.
Suggested answer only. Not an official answer and not legal advice.
No, Junie is not correct. Under Article 308, paragraph 2(1) of the Revised Penal Code, theft is committed by any person who, having found lost property, fails to deliver it to its owner or local authorities. Jurisprudence holds that a 'finder' is not
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Quick check
What crime is committed by a person who takes lost money from a minor finder and appropriates it for personal use?
Failure to return found lost property with intent to gain constitutes theft under Article 308, paragraph 2(1).
Who is considered a 'finder in law' under Article 308 of the Revised Penal Code?
A person who knowingly takes lost property from the actual finder and appropriates it becomes a finder in law.
What is an essential element of theft of lost property under Article 308 of the Revised Penal Code?
Theft of lost property requires the failure to deliver the found item to its owner or local authorities.
Why is Junie's defense that he was not the actual finder of the lost money legally invalid?
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How is intent to gain demonstrated when a person takes lost currency belonging to another?
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Learn more about these topics
1. Theft Lost Property
Under Article 308, paragraph 2(1) of the Revised Penal Code, theft is committed by any person who, having found lost property, fails to deliver the same to its local authorities or to its rightful owner. The essence of this felony lies in the failure to return property that is known to belong to another, coupled with the intent to gain or appropriate the item for personal use. The law imposes an affirmative legal duty upon anyone coming into possession of lost property to return it to the lawful owner.
2. Finder in Law
Jurisprudence establishes that the term 'finder' under Article 308 of the Revised Penal Code is not restricted exclusively to the person who physically discovers the lost item first. One who knowingly takes lost property from the actual finder with full knowledge of its origin, and subsequently appropriates it for personal benefit, assumes the legal position of a 'finder in law.' Consequently, an individual cannot escape criminal liability for theft by merely asserting that another person initially found the misplaced personal property.
3. Intent to Gain
Intent to gain, or animus lucrandi, is an internal mental state that is presumed from the unlawful taking or misappropriation of another person's property. Converting found foreign currency into local currency and purchasing luxury items directly proves intent to gain. Taking lost money from a minor finder and spending it for personal benefit establishes both the unlawful appropriation and the requisite criminal intent to commit theft under Philippine penal law.