2015 Criminal Law, Q19

Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which would become due in one week. He was starting to worry because he still had not raised the amount to pay for his debt. Every day, he had prayed for divine intervention. One night, while returning the taxi to the garage, he found a wallet on the back seat. Inspecting it, he learned that it contained exactly Pl 0,000.00 cash, the amount of his obligation, and IDs. Thinking it was divine intervention, and that his prayers were answered, he took the money and used it to pay his debt.
a) What crime, if any, did Bruno commit? Explain. (2.5%)
b) Assuming that instead of using the money, Bruno turned over the wallet and its contents to the nearby police station, and it was the chief of police of that station who appropriated the money for his own benefit, what crime was committed by the chief of police? Explain. (2.5%)

Quick check

What crime is committed by a person who finds a wallet with identification cards and appropriates the money inside for personal use?

What legal status does a police officer acquire upon receiving lost property turned over by a finder for safekeeping?

Why is the chief of police who appropriates turned-over lost private property liable for THEFT rather than MALVERSATION?

What key element under Article 308, paragraph 2(1) RPC establishes theft of lost property?

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How does subjective belief in 'divine intervention' affect an offender's criminal liability for appropriating found property?

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1. Lost Property Theft
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 the local authorities or to its rightful owner. The law penalizes the failure to return found property despite knowledge or means of knowing its owner. When a person finds a wallet containing money and identification cards, retaining and appropriating the contents for personal use constitutes theft, as intent to gain is presumed from the deliberate appropriation of property belonging to another.

2. Finder in Law
Under Philippine criminal jurisprudence, a public officer or private individual who receives lost property from the actual finder for the purpose of returning it to the owner occupies the legal position of a finder in law. The finder in law assumes the exact same statutory duty under Article 308, paragraph 2(1) of the Revised Penal Code to deliver the lost property to its owner or proper authorities. Misappropriating the property while in such custody renders the recipient criminally liable for theft of lost property.

3. Theft versus Malversation
Malversation of public funds under Article 217 of the Revised Penal Code applies exclusively to public officers who misappropriate public funds or property under their official custody or administration by reason of their office. When a chief of police receives lost private property turned over by a citizen, the funds do not become public property nor do they come into his custody by virtue of his office. Consequently, a police officer who appropriates turned-over lost private property commits theft under Article 308(2)(1) rather than malversation.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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