Qualified theft

Dear Atty. Chris,

I am Melinda. Six months ago, I hired a helper because I am a little old to do some of the household chores. Just recently, I noticed that one of my wristwatches was missing. Thinking that I only misplaced the item, I brushed it away.

Also, spare money lying on top of the tables has gone missing, as well as another set of earrings I inherited from my grandmother. I asked my son to check the CCTV camera, and I saw my helper rummaging through the cabinets and was seen holding the watch. A video of her getting the earrings has been retrieved as well.

My son and daughters are mostly out because of work so it’s only me and the helper left in the house every day. I am afraid she won’t take it lightly if I confront her.

What should I do?

Melinda

Dear Melinda,

According to Article 308 in relation to Article 310 of the Revised Penal Code of the Philippines, “Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.”

Moreover, Article 310 also states that: “Qualified theft is the crime of theft that shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.”

Since it is committed by a domestic servant, your helper may be held criminally liable for the crime of Qualified Theft.

Normally, cases like this would have to be referred first before the Barangay for Katarungang Barangay Conciliation proceedings. But the same is only true if the amount of the things allegedly stolen does not exceed P500.

Thus, you may file a complaint of qualified theft against your helper before the Office of the City Prosecutor of the City where the alleged crime was committed. For her to be held criminally liable, however, you must establish that: (1) there was indeed taking of personal property; (2) the property taken belongs to you; (3) the said taking was done with intent to gain; (4) it was done without your consent; (5) it was accomplished without use of violence or intimidation against persons, nor of force upon things; and (6) it was your domestic helper who committed the same.

Hope this helps.

Atty. Christoffer Allan A. Liquigan