Stolen phone

Good day! I am a law student enrolled in one of the top law schools in Metro Manila. Last March 29, 2015 I charged my Iphone in our computer lab since I was studying there in preparation for our midterm exams. I transferred from the computer lab to the school library since the lab is about to close then. I forgot all about my Iphone until it was time for me to go home. Since the lab is already closed I decided to return to the lab the following day to inform the computer lab staff that i left my phone charging in one of their outlets, which I did, and to inquire from them if they happen to see it and keep it. Since they responded in the negative, I reported the incident to to the director of the computer laboratory department and even submitted a written incident report that day. I even posted a notice of loss inside the lab as well within the campus.

Last April 10, 2015 my mother received a text message from one of the employees at the computer lab, introducing himself and that he was the one who saw and kept my phone. I immediately went to school to meet this person and he told me, "ako di mo ko tinanong (kung napulot ko yung phone mo)." I told him "sir marami po kayong staff dito and nag post ako ng notice sa loob (ng lab)." I was able to retrieve my phone that day.

I went to the authorized repair center of the phone to have the phone unlocked, which I activated to prevent the finder from having access to my phone.To my surprise the repair center told me that the phone is already disabled plus there were physical damages on the phone that were detected. I was so disappointed since I just bought my phone October of last year and I am still paying it on installment.

I reported the matter to the director of the computer lab. I submitted a letter narrating the incident plus the findings of the repair center on my Iphone and other attachments like a picture of the text message of the employee, receipt of my Iphone, affidavit of loss and police report. According to him he conducted an investigation among his employees, pero di kami pinagharap ng employee concerned. However I was able to secure a copy of the written response of the employee thru one of the supervisors and the letter indicated that the employee concerned allegedly picked up my phone on the morning of March 30, the day after I unintentionally left my phone at the computer lab.

Is it proper to file a theft charge against the employee for not returning immediately my lost phone? Can i file a civil case against the school since the person concerned is their employee and up to now, no action has been done by the school particularly their HR (who happens to be the owner of the school) to sanction their employee? The employee is still reporting for work as if nothing happened. I am so disappointed since lawyer pa naman yung director ng computer lab and i have this impression that he does not know how to conduct an admin investigation. Please advise.

Thank you and more power!

ang haba...
paki brief...

If theft, you need to prove that he had intent to gain but the fact that he returned it negates such. The fact that he kept your phone does not necessarily follow that he intends to keep it for himself. He may have kept it to make sure that it would really be returned to the owner. You can file for damages against the one who kept your phone but remember that in possessing your phone, he must exercise merely the diligence of a good father of a family. Moreover, your negligence regarding your phone, I think would somehow just set-off the negligence that the employee committed. That is why maybe the school did not act upon it because primarily it is your fault/negligence caused the loss/damage.