A segment on the public affairs program “CIA with BA” examined whether a person who steals out of extreme need can avoid criminal charges, following a viral case of a father who took milk for his child and a police officer who later paid for the item.
In the show’s “Tanong ng Pilipino” portion, viewers asked if severe hardship could exempt someone from liability. Attorney Marian Cayetano said the law is explicit, citing the principle “Dura lex sed lex”—the law may be harsh, but it is still the law.
She explained that extreme need is not an exempting circumstance under criminal law. “Kahit po sobrang hirap na hirap na siya, hindi pa rin po siya exempted sa criminal liability,” she told viewers.
Attorney Mark Devoma added that criminal law distinguishes between intent and motivation. He noted that while a person may intend to steal because of need, the motivation is not considered under the law. “Ibig sabihin, kahit justified sa paningin ng tao, krimen pa rin ito,” he said.
Viewers also asked whether a crime still exists if the stolen item is later paid for by someone else, as in the viral incident. Devoma said the act remains a crime. “While commendable ‘yung ginawa ng pulis… under the law meron pa ring krimen na na-commit,” he explained, adding that liability does not disappear even if the item is returned or paid for.
He said theft is already consummated once property is taken without consent. “Kahit ibalik mo, kahit bayaran mo, or someone else pays for it, may krimeng nangyari,” he said.
“CIA with BA,” led by Senator Alan Peter Cayetano, Senator Pia Cayetano and Boy Abunda, airs Sundays at 11 p.m. on GMA 7, with replays on GTV every Saturday at 10:30 p.m.
