Professional Documents
Culture Documents
The respondent, in her complaint affidavit, admitted that she was hired on August 22,
2013 by the corporation; that she acknowledged to have received the payment by Mrs. Del
Rosario in the amount of P35, 758.50 for her account which was handed to her by the collector
of the corporation, Roberto Quivis on October 16, 2013. She then issued a receipt for that
payment and gave to Mr. Quivis who handed the said receipt to Mrs. Del Rosario. During that
time, her sister-in-law was seriously ill and that her brother pleaded to borrow money from her to
help defray the expenses for his wife. Out of pity, she borrowed P8000.00 from the payment
given by Mrs. Del Rosario which she intends to return as soon as possible while the amount of
P27, 758.50 was already deposited to the Corporations Bank Account. However, she could not
secure a copy of the deposit slip as it was already in the possession of the corporation and the
bank refuses to give her any proof about the deposit of said amount. Respondent admits that she
committed unauthorized act in her work and agrees to pay the whole amount of P35, 758.50 as
settlement with the corporation.
In support for respondents defense, respondent submitted the following documents:
deposit slip amounting to P3000.00 to the Corporations Bank Account; and handwritten notes
that respondent has paid partially to the corporation.
It is shown in the documents that respondent has submitted her counter-affidavit.
However, the ten (10) day period for filing a counter-affidavit has already lapsed and therefore,
under the Rules of Court, Section 3(d), Rule 112, the case should be resolved ex parte based on
complainants evidence.
The charge based on the complaint is Estafa or Qualified Theft under Article 310 of the
Revised Penal Code. Based on the facts provided, Qualified Theft and not Estafa has been
committed by the respondent. It is a well-settled rule that the conversion of personal property, in
the case of an employee, having material possession of the said property constitutes theft,
whereas in the case of an agent to whom both material and juridical possession have been
transferred, misappropriation of the same property constitutes Estafa. A sum of money received
by an employee in behalf of an employer is considered to be only in the material possession of
the employee. Thus, Qualified Theft has been committed by respondent and not Estafa.
For the crime of Theft to be committed, the following elements should be present: (1) that
there be taking of personal property; (2) that said property belongs to another; (3) that the taking
be done with intent to gain; (4) that the taking be done without the consent of the owner; and (5)
that the taking be accomplished without the use of violence against or intimidation of persons or
force upon things. (People v. Sison, G.R. No. 123183)
Theft becomes qualified when ANY of the following circumstances under Article 310 is
present: (1) the theft is committed by a domestic servant; (2) the theft is committed with grave
abuse of confidence; (3) the property stolen is either a motor vehicle, mail matter or large cattle;
(4) the property stolen consists of coconuts taken from the premises of a plantation; (5) the
property stolen is fish taken from a fishpond or fishery; and (6) the property was taken on the
occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance.
After assessing the evidence presented, undersigned investigating prosecutor finds that
the elements of Theft under the Revised Penal Code were satisfied and that the Theft is Qualified
because it has been committed with grave abuse of confidence. It is shown that the money taken
does not belong to respondent but to the corporation and that the respondent took it without the
corporation's consent and with grave abuse of confidence by taking advantage of her position as
Loan Officer of the finance corporation.
Therefore, it is respectfully submitted that there is probable cause that the respondent is
liable for the crime of Qualified Theft under the Revised Penal Code and is probably guilty
thereof.
SO RESOLVED
Bacolod City, Philippines, June 3, 2015
MA. THERESA B. DITCHING
Prosecutor III
APPROVED:
ARMANDO P. ABANADO
City Prosecutor
Copy furnished: