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non remittance of sales.. Can i charge qualified theft to the person?

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assenav

assenav
Prision Mayor

Good day poh..

We have 2 branches of cellphone repair shop located at different SM MALL branch in Manila.. We have 4 technicians for each branch..

Last year, month of october, we found out by our newly hired runner/ tech. that the technicians assigned in our main branch is doing some "hocus pokus" on sales when we're not at the store.... The 2 techs are coniving not to remitt some payments from customers, and they used the money for their own good.

I talked to them regarding the matter and they left work without saying or explaining anything. We trusted them too much and i think we don't deserve that..

November last year, nalaman nmin na sinisiraan na pala kami sa mga customers nmin nung technician at sa iba pang kakilala nmin na talagang naka apekto ng husto sa business nmin.. May mga salita pa siya na MANGGAGANTSO daw kami..

Atty., can i file QUALIFIED THEFT and DEFAMATION to him? Or can i charge him ECONOMIC SABOTAGE?

THANKS..

foobarph

foobarph
Prision Mayor

qualified theft <- yes, may intent to gain - http://attylaserna.blogspot.com/2012/02/qualified-theft-defined-proper-penalty.html

oral defamation <- hmm... maybe pero mas maganda LIBEL kasi it's gone public na.

economic sabotage <- err.. di naman siya large scale eh.. (http://www.lawphil.net/judjuris/juri1993/mar1993/gr_91711_15_1993.html) not unless if you are the owner of nokia, lg or apple, baka pwede siguro

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