Househelp who steals can be charged with theft

DearPAO, My daughter and I are staying at the condominium unit of my cousin who is presently working abroad. Since this unit is far from the public school where I am teaching, I decided to hire a“ya ya” for my daughter. I noticed lately that I have been losing money. Initially I thought that I just mis placed and simply could not recall. But then two weeks ago, my daughter told me that she saw her“ya ya” go inside our bedroom, come out with my bag and went to the kitchen. I did not con front her yet because I am worried that she might react differently and take it out on my daughter when I am notaround. So, Ij ustas kedthe building administrators to assist me in accessing the videos from my cousin’ s CCTV as her unit is equipped with a CCTV. They were able to obtain video footage and informed me that they saw in the video that my daughter’ s“ya ya” took money from my bag.

Now I want to know what case not well-off. In fact, I am paying a lot of loans and the reason I agreed to stay at my cousin’ s unit, aside from looking after it, is in order to save on rental expenses. I can not con done what she has done tome. Please advise me on this matter.

Elaine Dear Elaine,

The act of taking another person’s property without that person’s consent, if done with intent to gain but without violence against or intimidation of persons nor force upon things, is considered as the crime of theft. And if it is committed by a domestic servant, the latter may be held criminally theft. This is clearly provided for under Article 308 in relation to Article 310 of the Revised Penal Code of the Philippines:

“Art. 308. Who are liable for theft. — 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.

crime of theft 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 stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken property is taken on the occa volcanic eruption, or any other calamity, vehicular accident or civil disturbance.”

In the situation that you have presented, we believe that you - fied theft against your “yaya.” Nevertheless, we emphasize the need for you to establish the following elements for such crime to attach and, ultimately, for her to be held criminally liable: (1) that there was indeed taking of personal property; ( 2) that the property taken belongs to you; (3) that the said taking was done with intent to gain; (4) that it was done without your consent; (5) that it was accomplished without use of violence or intimidation against persons, nor of force upon things; and (6) that it was your domestic helper who committed the same.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’ s note: Dear PA O is a daily column of the Public At tor Acostamay besentt odearpao@ manilatimes.net.