● The elements of qualified theft, punishable under Article 310 in relation to Articles 308 and 309 of the Revised Penal Code (RPC), are: (a) the taking of personal property; (b) the said property belongs to another; (c) the said taking be done with intent to gain; (d) it be done without the owner's consent; (e) it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and (f) it be done under any of the circumstances enumerated in Article 310 of the RPC, i.e., with grave abuse of confidence.

All these elements are present in this case. The prosecution’s evidence proved, through the prosecution’s eyewitnesses, that upon the petitioner’s instruction, several pieces of wide flange steel beams had been delivered, twice in October 2001 and once in November 2001, along Marcos Highway and Mabini Street, Baguio City; the petitioner betrayed the trust and confidence reposed on him when he, as project manager, repeatedly took construction materials from the project site, without the authority and consent of Engr. Marigondon, the owner of the construction materials (Zapanta v. People, G.R. No. 170863, March 20, 2013).