THEFT (AN EMPLOYEE OF THE SAME COMPANY)

Good afternoon everyone, I really need your legal advise here. Coz I have a Cousin named “AG” he is 21 yrs old male. although it was happened around 2008 of September, and he was an employee of a consignor at baby’s toys product in a prominent Malls, located at Fairview QC.,

that time around 8pm he purchased an item worth of Php 60.00 in a cosmetic outlet he didn’t pay it to the cashier because he’s plan to pay it to the cross side of the same outlet same company but different product coz the first outlet he goes there no available Gel then he just tried to go to the other side to buy a Gel then the product he kept to his hand to pay to the next outlet.

but the problem is that he kept the Php 60.00 item to his pocket due to he has lot of bagged that time coz he just went out from his work of that same Mall., where the outlet also established. Then The Lady Guard Caught him and he said he shoplifted the Php 60.00 item, Then My Cousin “AG” explain to the guard he taught he could pay it to other outlet but the same company. But the Guard still insisted my cousin is a shop lifter. Then they go to the CRO office then after that, that night he goes to the medical lab. Clinic to undergo for the SOP for that kind of Incidents, then that time he already in prison; The Report the filed case is “THEFT”

Friday, he pays a 6k for the veil, then my cousin went out to the jail for the meantime, coz the case is still open.

First, after 3 months my cousin attended a free trial, after that followed 2nd Free trial although the complainant is absent, then moved it to the 3rd trial every 3 mos., it held’s, although from that time the PAO Atty., and The Lady Guard/Complainant advise us as long the hearing is always in progress and schedule it is better to ask a settlement to the cosmetic company but until now there is NO! Recommendation released…

Now, the judge already impatience for the response of the cosmetic company for the settlement that we are asking, the JUDGE at the Hall Justice of QC Municipality Instruct us and even the complainant, that this coming AUG. 5, 2010 THURSDAY the JUDGE will requested the Complainant/lady guard to stand and make a statement…

NOW MY DEAR FRIENDS, do you have any Idea what would be happen after the last statement of the complainant? Is my Cousin will go to Jail? Is my Cousin done big violations as a “theft”? What punishment will received my cousin and for how long? Or What will we do although we never stop make a follow-up to the legal dept. of that company for the resolution/recommendation settlement that almost 2 years we spent lot of money for the calls and attending hearings. Although my cousin got an NBI and still he is “No! RECORD ON FILE” HELP US… GOD BLESS… Thank you for your patience reading my case…

What is the exact charge anyway? Is it Qualified theft? or just Simple theft?

If it is only a case of simple theft, then the judge could have just referred it to mediation. During the mediation, you don't need to appear with a lawyer and there you could sit down and talk with the private complainant to arrive at a more peaceful and speedy disposition of the case say an amicable settlement. You can plead with the private complainant that you will just pay the value of the "stolen" item and any reasonable amount that they might ask as "fine". If they agree, immediately enter into an amicable settlement and request them to execute an Affidavit of Desistance copy furnished the attending prosecutor.

Assuming that mediation fails and the criminal case for theft pushed through, your lawyer can move for the dismissal of the case for failure to prosecute and invoke the right of the accused to speedy trial if the private complainant fails to appear several times (I think three instances of non-appearance is enough)

Worse case scenario, your cousin is found guilty and is meted out with the appropriate penalty, he could still stay out from jail by applying for probation.

What's the moral lesson of your story? Pay at the cashier nearest to you.

if the amount stolen was 2300? is it qualified theft or simple theft?? what would be the punishment? is it bailable???

it is not the amount which is important in qualified theft; it is the relationship between the owner and the alleged thief.