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Is a Scrap Fabricated Materials (flatbar) worth Php80.00 get by employee when he is going home can be treated as Qualified Theft?

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JoeLaine


Arresto Menor
Dear Sir,

Can you please help me to my question, "Is a Scrap Fabricated Materials (flatbar) worth Php80.00 get by my husband employee of a private company here at Mariveles, Bataan is treated as qualified theft and he was blotter in the Municipality of BJMP here in Mariveles.,Bataan? and as of now last night Dec. 20, 2010 around 7:00PM he was arrested inside the jail until this hour Dec. 21, 2010 10:00 in the morning., the OIC of Security Guard Officer of private company stating that the decision will be today if he will be inquest or not...This is right to be treated for him Sir..Thank you...

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attyLLL


moderator
yes, even if it is just P80, it can still be considered qualified theft. was he arrested? inquest done? if he was, focus on filing bail so he can get out.


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3 Confuse on Wed Dec 22, 2010 9:47 am

JoeLaine


Arresto Menor
How come it is considered as qualified theft., is there no specific amount in our laws that protect for this little amount that you get., maybe the law for qualified theft must be reviewed., because if there is no amount specify to that law., the humanitarian aspect was violated here..that's what I think....

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resjudicata


Arresto Mayor
Theft is qualified when committed xxx with abuse of confidencexxx. And if done by one who has access to the place where stolen property is kept. It is not the amount that counts but the taking of the property with intent to gain.
Did I read you right? That he was arrested inside the jail? BJMP is now a municipality?
Filing a case against him is so a drastic move unless your husband has breached the trust and confidence reposed upon him by his employer or manager. I’m sure they have already dismissed him from his work.

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JoeLaine


Arresto Menor
Oh sorry municipality of Mariveles, Bataan at BJMP I mean.,The fault of my husband is that he is what we called this in Filipino "Nanghihinayang" because they will gonna trash it out the 3 inches flatbar.., that's why he is only re-using it for a purpose of something but to this fault he did not make a paper/ gate pass for this items 3 inches flat bar scrap fabricated materials actually his supervisor was stating in the certification that yes it is a company property and he only declared that it is P20.00 per piece..he gets 4 pcs. thats why it is P80.00... but it isn't enough that he was so sorry for what my husband did...but the company was so mean he was arrested by the Officer-In-Charge Security Officer at that moment and pass it on to the BJMP here in Mariveles., because thats the decision of the HR Manager of the company... and he serves more than 16 hours of being imprisoned but now he is free., because they did not pursue my husband to inquest... Police Officer in the BJMP said that the fiscal will not accept this kind of case., because the value of what quote and quote "stolen" was immaterial... I think the management of the company was so rude to his employees..., to the point that they arrested him and put my husband in Jail., and stating in the blotter that it is a Qualified Theft..Isn't they abuse their power being the bosses of the company....

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JoeLaine


Arresto Menor
Yes he was already dismissed from his work

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attyLLL


moderator
i agree with you, but the law is so old; it was enacted at a time when P5 was a lot of money. For P80 of qualified theft, the penalty is about 6 years! but the law may be hard, but it is the law.

i would focus on trying to settle with the company.


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JoeLaine


Arresto Menor
how come they didn't review the law., for now my husband was released after 18 hours of detention they dont [ush to inquest my husband., because they know that the value that my husband gets was immaterial., but he cant go back to work anymore., he was dismissed.., this a call to our judiciary to please review the alw regarding qulaified theft because if ther is no specific amount considered here, our little countrymen will suffer fot this law....

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attyLLL


moderator
it is congress which can change the law.

your husband can contest his dismissal at the nlrc. while the small amount is can be a basis for a criminal case, there have been cases where such an amount was considered so insignificant that it could not be made basis for termination.


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jergo


Arresto Menor
hi atty,
can i input some insight, i don't think the law is harsh, and i don't think the company is mean either, maybe they are trying to instill to their every employee the utmost honesty, i especially see these in multinational japanese company, they are very very strict especially on this, there's a saying that if you can steal small, you can steal big, thats why being honest is very very crucial. given that he was just "nanghihinayang" he should have ask his supervisor if he can have it.. then there will be no issues, how much can you price "trust & confidence"? although the amount is small, but issue is big, you know why singapore is so orderly and peaceful and almost no corruption, because at a young age they instill discipline and honesty on their young, just try to throw a small piece of paper and when you get fined.. you'll say that the laws here in the philippines are very lenient. i'm not judging just giving my 2 cents. =)

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attyLLL


moderator
when you say it is not harsh, i have to say that this is one law that needs to amended. it was made in 1930s. P24000 qualified theft today is not the same as it was back then, but still carries the same penalty.


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Janica


Arresto Menor
jergo wrote:hi atty,
can i input some insight, i don't think the law is harsh, and i don't think the company is mean either, maybe they are trying to instill to their every employee the utmost honesty, i especially see these in multinational japanese company, they are very very strict especially on this, there's a saying that if you can steal small, you can steal big, thats why being honest is very very crucial. given that he was just "nanghihinayang" he should have ask his supervisor if he can have it.. then there will be no issues, how much can you price "trust & confidence"? although the amount is small, but issue is big, you know why singapore is so orderly and peaceful and almost no corruption, because at a young age they instill discipline and honesty on their young, just try to throw a small piece of paper and when you get fined.. you'll say that the laws here in the philippines are very lenient. i'm not judging just giving my 2 cents. =)

@Jergo:
With due respect, please stick to your own case. No insight is needed here, but only legal advice. Every so-called "sinner" comes here to seek for legal advice and is treated with utmost respect by moderators and Atty.LLL. You cited as an example the case of JoeLaine's husband. It just seems like saying "Yeah right, your husband committed a crime so he deserved it." JoeLaine is in pain right now, and to have another finger pointing to his husband is an additional emotional burden.
PEACE.....

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jergo


Arresto Menor
@janica
sorry, if you got offended, "my insight here is not needed"- you cannot impose that on me, first your not the moderator, 2nd, this is a public forum? first amendment... freedom of expression. tsktsk

legal advice was given by atty, i was just commenting on the reaction of atty that "the law was old", i'm not justfying the crime but the corresponding consequences of the crime that the law dictates and on my opinion the law is just right, you might not share the same opinion and i respect that.

my apologies to Joelaine. i don't mean to judge your husband.. just wanting to have a legal discussion.

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