qualified theft

good day.. just want to ask about qualified theft.. i have a friend who might be facing a case of qualified theft if she would not be able to settle the issue with the company she was working with before. she admits his mistakes and promise to settle the money she got to her company. she said she only did it because she needed money that time for the medicines, regular check up and supplements ( TB ). and now she claims her faults . her company agree to settle the issue.. the money she got from the company was about 200thousand pesos by pawning over appraisal her own jewelries and fake items without the knowledge of her employers.at first she paid interest for the said amount but raised up to almost 1 million because of the interest she was paying for almost 4 years plus those she redeemed fake items and over appraise items of their customers. she said that she did redeeming those customer's items for her not to be yell out and shamed by her boss. her employers didnt accept the explanation and the company gave her the computation of all that she needs to pay. they added such a huge interest. the money now that she needs to pay had rise up to almost 1.2million pesos. is this fair for her? knowing that what she got from the company was only smaller and just made higher for the said reasons. she can't hardly pay it because she doesn't have money,and the company had to added it up interest until all of the said amount will not be settled. they hired a private lawyer already, and now they are telling my friend that all the expenses that they paying for the lawyer will be added up to total money that she needs to pay.. i don't think it is really fair. please help.. i just want to know if what the company is doing is right and fair.. my friend cannot hire a private lawyer because she doesn't have money. she already paid more than 100 thousand pesos as 1st payment and tell them to redeem each item monthly until she settle all of what she got. is it right that they added an interest for these fake items knowing that it is not a loan money?? please help asap..the settlement started on may 2010 and she promised to pay them on the end of this year once her loan has been approved. what if the loan is not yet approved? knowing that this loan is the only thing she promised for her company to pay her obligations.
thank you. i hope you can help us asap...

what is her obligation to the company now? to return the jewelry or to pay for them?

why did she have the jewelry on her? she was selling them?

she needs to redeem all those jewelries pawned by her in the pawnshop since most of these jewelries are fakes. those real gold jewelries are agreed to sell to the gold buyer for her to lessen the amount ( initial payment ) she has to pay to her former employer.

all of her pawned items were pulled out and in the hands of her boss. keeping them to serve as their evidence in case she wouldn't be able to settle her obligations.

my friend tells me she's afraid the company might change the real gold items (jewelries) into fake items. and she's so distress and mentally affected. she always crying all the time and can't act normally because of her problem and the humiliation she received in public from her boss ( announcing to the radio and spreading details to all company's customers). She says she suffered emotional distress, confidence and so afraid to go out because people might judge and mock her. She can't even have the guts to find a job to help her in paying her obligations with the company because she was threatened to ruin her records to all connected companies located in their area.

to protect herself, she should enter into a written agreement that makes it appear that she is paying a loan to the company. this changes the obligation from handing over the jewelry, which is estafa, to just paying a mere loan which is not a crime. if she has this agreement and fails to pay, she can use it to defend herself against estafa.

ask ko lang po kapag nagsangla ba ng company car at di mo na maibalik sa company ang oto.. ano po pwede ikaso nila sa friend k? possible po ba carnapping o estafa.
salamat po

jude, to my mind, estafa.

attyLLL, thank you for your responds.

additional question po, sa ngayon kasi yung friend ko nagtatago, gumagawa ng paraan na magkapera para makuha ang isa pang oto. 2 units daw po kasi ang nasangla nya, ang isa po ay may insurance pa at ang isa naman ay 2000 year model na. ang gusto daw po mangyari ng opisina nya ay sumuko sya at makipag usap at aminin daw ang nangyari.
kapag inamin ba nya ang pagkakamali nya sa company nya on the spot ba pwede na sya ipakulong agad or pepwede ba ang amicable settlement?

ano ba ang dapat nyang gawin?
Estafa ba ay bailable?

Thank you

his admission will be used against him. i don't recommend it. he can enter into a settlement without admission. but if he does admit, he should not be arrested without a warrant.

i have to modify my answer. he can still be charged with carnapping if the cars were not entrusted to him.

he can send a representative first to try to settle with the company.

ok po atty. salamat sa free legal advice mo.

The car was entrusted to her as a service vehicle, she worked as a sales person on her company.

1.If she doesnt admit it to her company, will she still be charge of Estafa?
2.Is it possible that she will be issued a Hold departure order if she decides not to settle and go abroad?
3. or is it better for her to be at large than to admit,because she told me that she doesnt have enough money to redeem the cars that she had pawned?

Thanks again and hoping on your immediate response.

1) it's up to the company whether they will do that, but yes, she can be charged with estafa.
2) yes, that is also possible. the company can even request for a 60 day watch list order immediately after filing the complaint and keep renewing it as it expires.

i cannot advise anyone to escape liability by not facing a case. good luck.

Thank you so much for the advice

more power

hello atty.

my friend applied your advices and to her words she told me it was effective.She really thank you for your free legal advices.

she already told her sister to talk to her boss on what happened.
Sad to say her company will still file a case on her, to be able to claim the cars to their insurance, etc.
up to now shes still at large and preparing to collect some money for her case.

questions;

1.how much money does she needs to prepare if her company will charge her an amount of PHP 1,500,000.00 for her to bail..although the real amount is around php 700,000.00.

2.thus the company can immediate file a case, how many days?

3.Is it advisable for her to voluntary surrender once her case goes to the court, what are her advantages if she do that?

4.She is looking for a lawyer? is getting a lawyer at PAO is reliable?

Thank you

by the way..

she did admit it her real story to her sister and her sister told her boss on what really happened to her service cars.

1. is admitting, enough for her company to sue her even she was not the one who talk personally to her boss?

it depends on what will be charged against her by the prosecutor. carnapping bail is 180k, estafa 40k

it depends on how soon they can prepare their complaint.

it will certainly be better for her to file bail voluntarily than being arrested

pao lawyers are very good, mostly. but you cannot expect their full attention

sorry to hear that her sister did that, but that is evidence if the sister testifies, but that would be weak evidence. they will probably find the persons or companies to whom the cars were mortgaged to.

hello atty.

When her sister told her boss the real story..
her boss just got mad and they are now planning to file a worst case on her which is Qualified theft and two more other charges.

1. Is it possible that they can file a qualified theft case on her?

2. What are their basis? is pawning a company car which the company provided her is enough to file a qualified theft case on my friend?

3. What are other possible cases that her company will charge her?

Thank you

regarding the testimony on her sister,

1. pwede na ba sya makasuhan ng qualified theft sa sinabi ng sister nya sa kanyang boss?

2. is it possible that you can refer as to any lawyer at PAO? please give us some contact info?

Truly yours

1) probably not, because it is just hearsay. but they may have other evidence such as your the sister's failure to produce the car entrusted to her.

2) just go to the Pao office at the hall of justice where you reside, good luck.

thank you again.

I would like to know if someone is accused of a qualified theft amounting to 205,000.00 (PESOS) and already with a resolution, is it bailable and it is how much would it be. Hoping for your response. ASAP

i'm afraid it is non-bailable. the possible solution is to file a motion for bail. if the evidence of guilt is not strong, bail will be allowed but it will be very high.

good evening, gusto ko lang po malinawan kasi as of now po mern sinasabi ang boss ko na nawawalan daw po ng worth 1m na gamit kami sa offixe. yun business po ng company pinagtratrabahuan ko ay nag benta ng computer parts... ngayon po sinasabi ng boss ko na ako ang naglabas ng gamit sa akin po ibinibintang... anu po bang laban ko dito.. ang basis po nila ay software po n ginagamit namin... system po ng company na ang admin lang ang nagbibigay sa access namin... ang posisyon ko po sa company ay oic at isa din po ako sa may hawak ng susi... salamat po. sana matulungan nyo ko kaht sa advixe lang po

MAGTATANUNG PO SANA AKO, KINASUHAN PO AQNG QUALIFIED THEFT NG BOSS Q S MINIMART, MAY NAGSUSUMBONG S BOSS KO N NKIKITA DW AQ KUMUKUHA S KAHA, ANU PO BNG STRONG EVIDENCE S PAG KASO NG QUALIFIED THEFT

MAY BAIL PO B ANG QUALIFIED THEFT?