Query: Ano ang pwedeng ikaso sa taong nagnakaw sa kumpanya na nagkakahalaga ng 1 milyon?

In the Philippines, theft, especially involving significant amounts of money, is a serious criminal offense. If a person has stolen 1 million pesos from a company, several legal actions and remedies can be pursued under Philippine law.

Criminal Case for Qualified Theft

The primary legal remedy for theft is filing a criminal case for qualified theft under Article 310 of the Revised Penal Code. Qualified theft is a more serious form of theft due to the circumstances surrounding the crime, such as the trust reposed in the offender. If an employee or someone entrusted with the company's money commits theft, it is considered qualified theft. The penalties for qualified theft are more severe compared to ordinary theft and can include imprisonment.

Key Elements:

Taking of personal property.
Intent to gain.
Without the consent of the owner.
With violence or intimidation against persons or with force upon things.
The offender is a domestic servant, or the property stolen is a 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.

Estafa (Swindling)

Another possible charge is estafa, defined under Article 315 of the Revised Penal Code, which involves defrauding another by abuse of confidence or by means of deceit. This can apply if the person fraudulently took money through deceptive means.

Key Elements:

Deceit or abuse of confidence.
Damage or prejudice to another person.

Civil Case for Recovery of Amount Stolen

In addition to criminal charges, the company can file a civil case to recover the stolen amount. This is an action for the recovery of personal property unlawfully taken or for damages resulting from the theft.

Key Actions:

Filing a complaint in the appropriate court.
Presenting evidence of the theft and the amount stolen.
Seeking a judgment for the return of the stolen amount or its equivalent in damages.

Administrative Actions

If the offender is an employee, the company may also take administrative actions, including dismissal from service. The Labor Code of the Philippines allows termination for just causes, including serious misconduct, fraud, or willful breach of trust.

Key Steps:

Conducting a thorough investigation.
Providing the employee with a notice to explain.
Holding a hearing or conference.
Issuing a decision based on the findings.

Preventive Measures

Companies should implement robust internal controls and preventive measures to mitigate the risk of theft, including:

Regular audits.
Clear policies and procedures on handling company funds.
Background checks on employees handling finances.
Whistleblower policies to encourage reporting of suspicious activities.

By understanding these legal remedies and taking preventive measures, companies can better protect their assets and seek justice in cases of theft.