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Stolen phone

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1 Stolen phone on Fri Jun 05, 2015 1:29 pm


Arresto Menor
Good day! I am a law student enrolled in one of the top law schools in Metro Manila. Last March 29, 2015 I charged my Iphone in our computer lab since I was studying there in preparation for our midterm exams. I transferred from the computer lab to the school library since the lab is about to close then. I forgot all about my Iphone until it was time for me to go home. Since the lab is already closed I decided to return to the lab the following day to inform the computer lab staff that i left my phone charging in one of their outlets, which I did, and to inquire from them if they happen to see it and keep it. Since they responded in the negative, I reported the incident to to the director of the computer laboratory department and even submitted a written incident report that day. I even posted a notice of loss inside the lab as well within the campus.

Last April 10, 2015 my mother received a text message from one of the employees at the computer lab, introducing himself and that he was the one who saw and kept my phone. I immediately went to school to meet this person and he told me, "ako di mo ko tinanong (kung napulot ko yung phone mo)." I told him "sir marami po kayong staff dito and nag post ako ng notice sa loob (ng lab)." I was able to retrieve my phone that day.

I went to the authorized repair center of the phone to have the phone unlocked, which I activated to prevent the finder from having access to my phone.To my surprise the repair center told me that the phone is already disabled plus there were physical damages on the phone that were detected. I was so disappointed since I just bought my phone October of last year and I am still paying it on installment.

I reported the matter to the director of the computer lab. I submitted a letter narrating the incident plus the findings of the repair center on my Iphone and other attachments like a picture of the text message of the employee, receipt of my Iphone, affidavit of loss and police report. According to him he conducted an investigation among his employees, pero di kami pinagharap ng employee concerned. However I was able to secure a copy of the written response of the employee thru one of the supervisors and the letter indicated that the employee concerned allegedly picked up my phone on the morning of March 30, the day after I unintentionally left my phone at the computer lab.

Is it proper to file a theft charge against the employee for not returning immediately my lost phone? Can i file a civil case against the school since the person concerned is their employee and up to now, no action has been done by the school particularly their HR (who happens to be the owner of the school) to sanction their employee? The employee is still reporting for work as if nothing happened. I am so disappointed since lawyer pa naman yung director ng computer lab and i have this impression that he does not know how to conduct an admin investigation. Please advise.

Thank you and more power!

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2 Re: Stolen phone on Mon Jun 08, 2015 11:43 am


Reclusion Perpetua
You're a law student, why else would you want to file a theft case when you're able to get your phone back? Also, would you really want to spend twice or thrice the value of your phone because of your disappointment? Think not only of the legal aspect, but also of practicality. I don't know what year you're in, but I would assume you already know the protracted investigations/court proceedings in the Philippines. With this in mind, would you want it to get in the way of your studies? Not all things are best addressed in court, sometimes we have to learn how to let go and think of practical solutions.

As a future lawyer, you shouldn't immediately jump into filing a case at the height of your emotions. Report it to the higher authorities in your school if you're not satisfied.

Atty. Katrina

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3 Re: Stolen phone on Mon Jun 08, 2015 12:30 pm


Reclusion Perpetua
Atty Katrina,
Please forgive me. pero gusto ko lang mag-react.
Law student pala to eh,,,
nagpasalamat pa ba sya sa finder?
What if lang, walang nagsoli?
even that area belongs to the School, we can not deny that several persons are going in and out of there, eh paano kung 1 student ang nakapulot at di sinoli, ano kaya at saan kaya aabot ang complaints ?
wag naman sana, pero kung ganyan ang attitude ng mawalan, at pinagsolian, eh mauubos ang merong busilak na kalooban .

isinoli na, idedemanda pa ng theft,,,,wow....

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4 Re: Stolen phone on Mon Jun 08, 2015 3:52 pm


Reclusion Perpetua
dpt pla hndi na sinoli..

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5 Answer to stolen phone concern on Mon Jun 08, 2015 7:35 pm


Arresto Menor
Hi! I posted my concern to ask for an advice hindi para mnakipag away Very Happy  Anyways, the phone was returned to me completely damaged. Sa tinigin mo, kung nagtagumpay xa at na access nya yung passcode ko and other information sa phone, isosoli pa kaya nung kumuha yung phone ko? Also, why the delay in returning the phone to me? Di kaya may intent to gain dun sa aspetong yun?

Anyways, opinion lang naman ang hinihingi ko. Only me will decide in the end if I will file a case or not. Thanks for your time in reading and bashing my concern. Very Happy

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6 Answer to stolen phone concern on Mon Jun 08, 2015 7:42 pm


Arresto Menor
To Landowner:

Nagpasalamat ako sa "nakahanap" fyi. I suppose you read the entire contents of my letter as posted.

Law student ka pa pala eh. I wote my concern to ask for an opinion of a lawyer, not a law student.

Pasa mo kaya muna bar, then you can butt in na when I ask for another opinion na in the future.


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7 Re: Stolen phone on Mon Jun 08, 2015 8:57 pm


Reclusion Perpetua
wala kasi akong nabasa na nagpasalamat ka... meron ba?
ang haba kasi,,,,

wala rin akong nabasa na need mo ng lawyer only idea... meron ba?

sorry, pero day in day out dito, maraming nag aadvice na di lawyer, at walang nagsasabi na bawal mag-advice kung hindi tapos ng law...

ay, totally damaged na pala, sa una mong post kasi, meron lang damage...
sorry uli..

me intent?
ipokrita naman kung wala,
but the good point is, natakot at nagbago ng desisyon, isinoli..
well, hindi sa kinakampihan ko yong nakapulot,
pero sa una mo kasing post, di ko nakitaan ng appreciation from ur side, at puro blaim,
blaim lang nabasa ko,,
to the first place, ikaw ang me kasalanan, dahil naiwan mo, nakalimutan mo,,
well, sabi mo nga unintentionally mong naiwan,,, so yon,,

magkaiba tayo ng point of preference......

sabi mo nga opinyon ang hiningi mo, so opinyon ko ang binigay ko..
ni wala ngang any legal advice eh,,,
kung naooffend ka, sorry,,,

i will not bother anymore,,

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8 Re: Stolen phone on Tue Jun 09, 2015 8:02 am


Reclusion Perpetua
hahaha ang taray ng landowner!! Smile ang taas ng kilay enfernes:) hahaha

@nikki: "Sa tinigin mo, kung nagtagumpay xa at na access nya yung passcode ko and other information sa phone, isosoli pa kaya nung kumuha yung phone ko? Also, why the delay in returning the phone to me? Di kaya may intent to gain dun sa aspetong yun?"

ikaw ba yan detective conan?


kinuha ba or napulot? akoy naguguluhan./ iba kasi ang "kinuha" sa "napulot"

saka since may sarili ka na pa lang speculations and judgement why na delay ang phone at why sira ng isoli sau?

then go!! hatulan mo na ang pobre!!Smile

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9 Re: Stolen phone on Tue Jun 09, 2015 9:57 pm


Reclusion Perpetua
lets wait and see,
baka maya maya nyan, makalaboso ang pobreng empleyado...
sana lawyer na talaga ako,, i can defend her, basta pakainin nya lang ako...
ay, him pala yong empleyado, di kasi nagbabasa,,,, ahi hi hi hi...
wag na,, ayaw ko ng espada... matinik kayang isda yon...

sorry, sabi nga ng joke,,

PS sa (sulat sa anak)..

anak, pasensya ka na, maglalakip sana ako ng konting pera sa sobre, kaso nasara ko na at nadikitan na ng kanin, so next time na lang ha)....

sana maupdate tayo, para naman ma educate tayo at maipasa ang bar.

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10 Re: Stolen phone on Wed Jun 10, 2015 8:31 am


Reclusion Perpetua
hahaah lolz.. banat eh no hahaha

nakay nikki ang paraan para s apag pasa sa bar:)

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11 Re: Stolen phone on Wed Jun 10, 2015 9:05 pm


Reclusion Perpetua
mukhang dumadami ang gusto maging lawyer ah,,,

cge, kita kits na lang....

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