Dear Attorney,

I would like to seek legal advice regarding a situation involving a driver who submitted a forged Grab clearance form as part of his application. Specifically, this driver was previously under my employment, and to facilitate his Grab application, he forged my signature on the clearance form. My concern is whether I, as his former employer, can file a legal case against this driver for forgery or any related offense.

Thank you for your assistance.

Concerned Former Employer

Insights:

In this case, the primary legal issue revolves around forgery, which is a criminal offense under Philippine law. According to the Revised Penal Code of the Philippines, specifically under Article 172 (Falsification by private individuals and use of falsified documents), forgery occurs when an individual falsely signs a document or causes alterations with the intent to defraud another party. This can include any official document, such as a clearance form used in job applications.

Filing a Case for Forgery

Yes, as the former employer whose signature was forged, you can file a criminal complaint against the driver. Under Article 172 of the Revised Penal Code, falsifying a document with the intent to gain or defraud—such as forging a signature on a Grab clearance form—is punishable by law. The penalties can range from imprisonment (prisión correccional) to fines, depending on the gravity of the forgery and the intent behind it.

Steps You Can Take:

Gather Evidence: Ensure that you have a copy of the clearance form with the forged signature and any related documents. Additionally, any proof that shows that the signature on the form does not match your genuine signature will be critical.
Filing a Complaint: You may file a complaint with the police or directly with the Office of the City Prosecutor in your area. This initiates the legal process, where the driver will be summoned and asked to respond to the accusations. From there, the prosecutor will evaluate whether there is enough evidence to charge the driver in court.
Other Possible Charges: Apart from forgery, you might also consider filing a case for fraud or use of falsified documents. These are additional offenses under the Revised Penal Code that may apply if the driver knowingly submitted a falsified document to secure a benefit from Grab.
Civil Liabilities: While the main concern is criminal in nature, you may also have the option to file a separate civil case for damages. If the forged document caused harm to your business or reputation, you may claim compensation for any losses incurred.

Legal Consequences for the Driver:

If convicted, the driver may face serious legal consequences, including imprisonment and a criminal record. This could also affect his future employment opportunities, especially in roles where trust and integrity are critical.

It’s important to consult with a lawyer who specializes in criminal law to guide you through the process, as cases involving forgery can become complex, particularly when the forger stands to gain materially from the act, such as obtaining employment.

By filing a case, you are not only protecting your own rights as the former employer but also helping maintain the integrity of the system used by services like Grab in screening their applicants.