Deduction from last pay

I would like to consult about my last pay. I intentionally did not return or deposit my 15k collection because I know my last salary, commission, my 13th month(half)and excess reimbursement will be hold. I asked my company if it is okay to have the 15k be deducted to the total last pay I will receive since obviously I will receive something more. They refused to consider it and they said to deposit the 15k first and then they will release the last pay. I told them I cannot deposit it anymore since I spent it already. I asked them, what's the point of holding my last pay? The 15k is my accountability, so they can deduct it to my last pay.

My question is, can I insist them to deduct the 15k from my last pay and give what is due to me after deducting the said amount?

Please help me explain to them.

Thank you and God bless.

Atty what should be done?can they file stafa case against me when in fact i honestly told them that i will not return it and suggested to have it deducted to my last pay.thnk u.pls advise

Atty what should be done?can they file stafa case against me when in fact i honestly told them that i will not return it and suggested to have it deducted to my last pay.thnk u.pls advise

They could charge you with qualified theft (I think) since the money is owned by the company and that they haven't authorized you to use it. It is not your call to spend it and just deduct it from your last pay.

If I am the company's HR, I would hold your clearance until you are able to return the 15k (since it is your liability). If you wouldn't pay it ASAP, I will be construed to bring the matter to our legal counsel.

Thank you.

I will take your advice.

my position is that it should estafa through abuse of confidence.