What is counter affidavit?
What is counter affidavit?
COUNTER AFFIDAVIT. An affidavit made in opposition to one already made; this is allowed in the preliminary examination of some cases.
What is qualified theft in the Philippines?
What is Qualified Theft? Under the provision of Article 310 of the Revised Penal Code, Qualified Theft is a crime of theft or taking, with intent to gain, of a personal property of the owner without the latter’s consent, and committed: by a domestic servant, or. with grave abuse of confidence, or.
Who filed counter affidavit?
What is Counter Affidavit? Counter affidavit is an affidavit filed by the respondent in reply to a petition. Respondent files reply to the petition in the form of affidavit. In most of the Writ Petitions, reply is being filed in the form of Counter Affidavit.
How do you prove qualified theft?
Thus, the elements of qualified theft punishable under Article 310 in relation to Article 308 of the RPC are as follows: (1) there was a taking of personal property; (2) the said property belongs to another; (3) the taking was done without the consent of the owner; (4) the taking was done with intent to gain; (5) the …
Is qualified theft bailable in the Philippines?
Hence, qualified theft if the value of the property is not more than P4,200,000 is bailable. In qualified theft, rule that the maximum penalty cannot exceed twenty (20) years is not applicable.
What is the sentence of qualified theft?
If the value of the thing stolen in qualified theft is over 4,200,000 pesos, the prescribed penalty is maximum period of reclusion temporal in its medium and maximum periods, which has a range of 18 years, 2 months and 21 days to 20 years and incremental penalty of 2 years or more.
What are the elements of qualified theft?
The elements of Qualified Theft are as follows: (a) the taking of personal property; (b) the said property belongs to another; (c) the said taking be done with intent to gain; (d) it be done without the owner’s consent; (e) it be accomplished without the use of violence or intimidation against persons, nor force upon …
What is the punishment of qualified theft?
Can you be charged with theft if the item is returned Philippines?
Returning an Item Due to Remorse Because intent is present, it is entirely possible to prosecute a person for stealing an item they later return. The return is irrelevant to the charges. The court will likely take your act of remorse into account and charge you accordingly.
