The powerful rains brought by Super Typhoon Tino resulted in catastrophic flooding across Metro Cebu and neighboring cities and municipalities in the province of Cebu on November 4, 2025. The disaster claimed the lives of more than one hundred people, with many individuals still reported as missing.
The devastating floods also swept away numerous farm animals, including carabaos, cows, and pigs. In a desperate bid to save their livestock from drowning, some piggery owners made the difficult decision to release their animals. This act of survival, however, has raised significant legal questions for anyone who might find and take possession of these animals.
Ownership Was Not Abandoned
When a piggery owner releases pigs during a natural disaster like a flood, the crucial legal point is that they do not abandon their ownership of the animals. The primary intent is to prevent the animals from drowning, not to relinquish property rights. Therefore, these pigs remain the legal property of their original owner.
This situation is distinctly different from the concept of “res nullius,” which refers to ownerless things, such as a stray dog left to roam the streets or wild animals in the forest. In those cases, the person who captures them can become the owner. This does not apply to livestock released during an emergency.
The Legal Consequences: Theft and Penalties
According to the Revised Penal Code of the Philippines, specifically Article 308, a person who takes the released pigs could face charges of theft. The law defines theft as the act of taking another person's personal property without the owner's consent.
Furthermore, Article 308, paragraph 2 (1), states that a person can also be liable for theft if, “having found lost property, shall fail to deliver the same to the local authorities or to its owner.” This means that the legal obligation for anyone who finds these animals is to return them to the owner or surrender them to local officials, such as the city or municipal mayor.
Failure to fulfill this obligation is recognized as a form of theft, especially if the finder is aware of who the owner is.
Penalties for Theft Under Philippine Law
The penalties for theft are severe. Under Article 309 of the Revised Penal Code, if the value of the stolen property exceeds P12,000 but does not exceed P22,000, the penalty is prision mayor in its minimum and medium periods.
- The minimum period entails imprisonment from six years and one day to eight years.
- The medium period means imprisonment from eight years and one day to ten years.
If the value of the property stolen exceeds P22,000, an additional one year is added to the penalty for every additional P10,000, but the total prison sentence shall not exceed 20 years.
No "Finders Keepers" in the Philippines
Contrary to some jurisdictions, the Philippines does not recognize a “finders keepers” principle. The law mandates a clear process: the finder must return the property to the owner. If the owner is unknown, the property must be turned over to the mayor.
The mayor is then required to announce the found property for two weeks. If no owner claims it within six months, the item may then be given to the finder. However, if the finder fails to return the property to the owner or surrender it to the mayor, they can be charged with theft.
This legal framework ensures that property rights are protected even in the midst of a calamity, emphasizing civic duty and the rule of law.
