Dear PAO,

My sister, Marion, worked as a maid and was accused of qualified theft for allegedly stealing an antique bow worth P25,000. She was tried in court, but the case was eventually provisionally dismissed due to the continued absence of her boss.

Upon checking my sister’s records, we discovered that the court ordered the provisional dismissal of her case back in 2019, more than five years ago. May we ask that my sister’s case be permanently dismissed?

Robin

Dear Robin,

Yes, you may pray for the permanent dismissal of your sister’s case. Indeed, Rule 117 of the Rules of Court states the following:

“Section 8. Provisional dismissal. — A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.

The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than 6 years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.”

Furthermore, the felony of qualified theft in the case of Marion is punished with a penalty of reclusion temporal, a prison sentence that is well over 6 years of imprisonment, according to the Revised Penal Code, to wit:

“Art. 27. xxx Reclusion temporal. — The penalty of reclusion temporal shall be from twelve (12) years and one day to twenty (20) years. xxx

Art. 309. Penalties. — Any person guilty of theft shall be punished by: xxx

3. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is more than Twenty thousand pesos (P20,000) but does not exceed Six hundred thousand pesos (P600,000). xxx

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 the plantation or 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.” (As amended by Republic Act 10951).

Considering that the provisional dismissal was ordered more than two years ago and as it appears that the case was not revived within the said period, you may ask the court to make it permanent in accordance with the Rules of Court.

We hope that we were able to answer your queries. This advice was based solely 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 [email protected].