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0 tracked cards Criminal Law

At Ranch Delta, a non-employee named Ramil secretly drives away 9 head of cattle from the owner’s fenced enclosure to a distant pasture, intending to sell them for his own gain. He acts without the owner’s knowledge or consent to remove cattle from the property. A cattle broker later purchases some of the cattle in good faith and comes to possess them. Is Ramil liable under Cattle Rustling, P.D. No. 533?

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Ramil is liable under Cattle Rustling, P.D. No. 533, because he took away cattle without the owner’s knowledge or consent and with intent to gain, and the broker’s good-faith purchase does not excuse him. Ramil is liable under the Revised Penal Code for ordinary theft, not under Cattle Rustling, since the crime charged would be theft by taking away property from the owner. The offense cannot be charged because the cattle were eventually sold to a broker in good faith, which cures the initial wrongful act. Ramil would be liable for cattle rustling only if the cattle were valued above a statutory threshold; otherwise, the charge would fail.

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