HEADING

TITLE
CAPTION

RESOLUTION

For Preliminary Investigation is a complaint for Qualified theft filed by

________ against ________.

A subpoena and its attachments were sent to the respondent giving her the
opportunity to submit evidence on her behalf. However, despite the lapse of the period
given, no such counter affidavit was filed in this Office. Hence, this complaint shall be
resolved on the basis of the evidence on record.

Complainant narrated that on October 18, 2022, she asked her son to install a
hidden camera inside her room in order to catch the culprit who was taking money from
a drawer inside her room. She further narrated that for the past few months she kept on
losing money and she thought it might be her husband or her other son who was
surreptitiously stealing the money, which by now amounted to be about Php
100,000.00.

The following day, October 19, 2022, while she was in her hardware store, she
decided to check the hidden camera through her cellphone, and much to her surprise,
she saw her house helper, the respondent herein, taking money from her wallet,
amounting to about Php 100.000.

She concluded that it must be the respondent who also took her money in the
past.

After going over the evidence on record, the undersigned recommends to the
Provincial Prosecutor the filing of an Information charging the respondent with
Qualified Theft for the taking of Php 100.000 from the wallet of her employer on
October 19, 2022.

Theft under Art 308 of the Revised Penal Code is committed as follows:

Article 308. Who are liable for theft. - Theft is committed by any person who,
with intent to gain but without violence, against, or intimidation of neither persons nor
force upon things, shall take personal property of another without the latter's consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the
local authorities or to its owner;
 2. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or objects of the damage caused by him;
and

3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner, shall
hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm
products.

But to hold respondent liable for Qualified Theft, the additional qualifying
circumstances under Art 310 of the Revised Penal Code must be established. It thus
states:

Article 310. Qualified Theft. - The crime of theft shall be punished by the
penalties next higher by two degrees than those respectively specified in the next
preceding article, if committed by a domestic servant, or with grave abuse of confidence,
or if the property stolen is motor vehicle, mail matter or large cattle or consists of
coconuts taken from the premises of a plantation, fish taken from a fishpond or fishery
or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or civil disturbance.

Moreover, the elements of qualified theft punishable under Article 310 in relation
to Article 308 of the RPC are as follows: (1) there was a taking of personal property; (2)
the said property belongs to another; (3) the taking was done without the consent of the
owner; (4) the taking was done with intent to gain; (5) the taking was accomplished
without violence or intimidation against person, or force upon things; and (6) the taking
was done under any of the circumstances enumerated in Article 310 of the RPC, i.e.,
with grave abuse of confidence (People vs Parajas G.R. No. 237982, October 14,
2020)

Complainant was able to establish that respondent is domestic servant, Second,

the money taken by respondent belongs to the her. Third, the absence of the
complainant’s consent was when she attempted to get her money back by immeidatley
filing a complaint in the barangay. Fourth, intent to gain on the part of the respondent
was likewise established. Intent to gain is an internal act that is presumed from the
unlawful taking by the offender of the thing subject of asportation. Fifth, no violence or
intimidation against persons nor of force upon things was employed by respondent in
obtaining the funds. Sixth, the taking was clearly done with grave abuse of confidence.

As for the complaint that ____ was also the taker of the Php 100,000.00 being
not supported by evidence is recommended dismissed.

Allegations must be proven by sufficient evidence. Simply stated, he who alleges a

fact has the burden of proving it; mere allegation is not evidence.
 Bare allegations which are not supported by any evidence, documentary or
otherwise, sufficient to support a claim, fall short to satisfy the degree of proof needed
(G.R. No. 179792, March 5, 2010)

Bare allegations, unsubstantiated by evidence, are not equivalent to proof under

our Rules (G.R. No. 112485, August 9, 2001).

In view of the foregoing discussion, the undersigned recommends to the

Provincial Prosecutor the filing of an Information charging the respondent with
Qualified Theft for filing with the MTC of Sariaya, Quezon.

March 8, 2023