THE ANTI-CATTLE RUSTLING LAW OF 1974

THE ANTI-CATTLE RUSTLING LAW OF 1974PD No. 533 August 8, 1974Purpose of the LawDue to increase thievery of large cattle, there is now an urgent need to protect large cattle raising industry and small time large cattle owners and raisers.To encourage them to raise more cattle and concentrate in their agricultural works.To increase our source of meat and dairy products as well as agricultural production and allied industries which depend on the cattle raising industry.DefinitionCattle Rustling taking away by any means, methods or schemes, without the consent of the owner/raiser, of any large cattle whether or not for profit or gain, or whether committed with or without violence against or intimidation of person or force upon things. It includes the killing of large cattle, or taking its meat or hide without the consent of the owner/raiser. ElementsA large cattle is takenIt belongs to anotherThe taking is done without the consent of the ownerThe taking is done by any means, methods or schemeThe taking is with or without intent to gainThe taking is accomplished with or without violence or intimidation against person or force upon thingsRelations with the RPCQualified theftMalicious MischiefIs the Anti-Cattle Rustling Law a special penal law?No. PD 533 shall be deemed as an amendment of the RPC, with respect to the offense of theft of large cattle under Art. 310 (Qualified Theft) or Art. 104 on civil liability of the offender.DefenseMalum in se PD 533 is not a malum prohibitum but a modification of theft and malicious mischief. Therefore, the rules and system on penalties and the rules on modifying circumstances and Indeterminate Sentence Law under the RPC applies. When homicide is committed during cattle rustling, are the offenders liable for cattle rustling and for homicide?No. Killing is absorbed in cattle rustling because it is still malum in se being an amendment of Article 310 Qualified Theft. The crime is still cattle rustling albeit qualified cattle rustling. People v. EscardaThegravamenin the crime of cattle-rustling is the "taking" or "killing" of large cattle or "taking" its meat or hide without the consent of the owner. The "owner" includes the herdsman, caretaker, employee or tenant of any firm or entity engaged in the raising of large cattle or other persons in lawful possession of such large cattle.P.D. 533 does not supersede the crime of qualified theft of large cattle under Articles 309and 310under the RPC. It merely modified the penalties provided for qualified theft of large cattle under Article 310 by imposing stiffer penalties thereon under special circumstances.People v. MartinadaThe circumstances of "committed with violence against or intimidation of persons or force upon things and a person was seriously injured or killed as a result or on the occasion of the commission of cattling rustling" are no doubtqualifyingaggravating circumstances as they "not only give the clime committed its proper and exclusive name but alsoplace the author thereof in such a situation as to deserve no other penalty than that especially prescribed for said crime.Thus, the trial court could no longer convict separately accused Martinada and Mesias of the crime of Frustrated Murder, otherwise there would be double jeopardy.