CIA with BA: Can desperate theft ever be excused?

The viral story of a father who took milk for his child has reignited public debate on whether theft committed out of extreme desperation should be treated differently under the law. The incident drew even more attention after a compassionate police officer chose to pay for the item himself.

This question was tackled in the “Tanong ng Pilipino” segment of CIA with BA, where viewers asked if someone who steals because of urgent need could escape criminal charges or penalties.

According to Atty. Marian Cayetano, the law remains firm on the matter. “Dura Lex Sed Lex”—the law may be harsh, but it is still the law. She explained that extreme need is not among the exempting circumstances under criminal law.

“Kahit po sobrang hirap na hirap na siya, hindi pa rin po siya exempted sa criminal liability,” she emphasized.

(Even if a person is experiencing extreme hardship, they are still not exempt from criminal liability.)

Atty. Mark Devoma also clarified the distinction between intent and motivation in criminal law. “Intensyon mo talagang magnakaw kasi kailangan mo ‘yung gatas, pero the motivation behind your intent to steal, hindi na po ‘yon kino-consider ng batas,” he said.

(Your intention is really to steal because you need the milk, but the motivation behind your intent to steal is no longer considered by the law.)

In other words, even if a person’s reasons seem justified, the act remains a crime under the law.

Another common viewer question was raised: If the police officer already paid for the stolen item, did a crime still occur? Atty. Mark answered clearly: yes.

“While commendable ‘yung ginawa ng pulis… under the law meron pa ring krimen na na-commit,” he explained.

(While what the police officer did is commendable… under the law, a crime was still committed.)

Criminal liability does not disappear even if the item is returned or paid for.

He added that theft is consummated the moment property is taken without the owner’s consent. “Kahit ibalik mo, kahit bayaran mo, or someone else pays for it, may krimeng nangyari,” he said.

(Even if you return it, pay for it, or someone else pays for it, a crime has already occurred.)

While the officer’s compassion was admirable, it does not erase the legal violation.

In the end, the segment underscored a consistent message: difficult circumstances do not automatically erase criminal responsibility. Compassion has its place, but the law—meant to preserve order and justice—must still be recognized and upheld.

Led by Senator Alan Peter Cayetano, Senator Pia Cayetano, and Boy Abunda, CIA with BA airs every Sunday at 11:00 p.m. on GMA7, with replays on GTV every Saturday at 10:30 p.m.