Legal Question in Criminal Law in Philippines

Question

We had a small store and we had trusted our sales lady who was working with us for over a 3 years to manage it while I was busy on other business, this happened last June, July and August, I had noticed that remittance of sales is really down last July as I had always seems to be paying the nestlea ice cream from our own bank account and not from the sales of the shop. By Aug8 I got round to do the inventory and found the remittance doesn't match up with the sales. The difference is more than 22,000 pesos for the 2months and 1 week. We had decided to closed the shop, my sales lady promised to refund the money she owed, we still gave her a job as a housekeeper, we are hoping that she can repay money she owed bit by bit but over few months It doesn't look like its going to happen even we gave her husband some labor job they keep asking for cash advance before the end of the week they only got more less 1000 left and always find excuse for us not to deduct from their wages, then last march she gave me attitude that is not acceptable and had to dismiss her.

Question is can I sue her for qualified theft as she was using the money from the store sales without permission and had given me the correct remittance of the sales. I had already complain in the brgy and she don't want to discuss or mention any settlement.

As for her husband he had persuaded as to borrow money so that they can get their old motorbike from the person they owed money and use the motorbike as collateral but I dismissed her they took the motorbike with them, I had asked them to returned the motorbike as it was under collateral with me but they had refused to returned it as they are claiming they have use it as a collateral. I had them signed a receipt stating they received 4000 pesos from me to pay the man they owed money and get the motorbike as collateral.

What kind of criminal offence can I sue them for, surely if the item is under collateral the item should be with me and not taken by them without permission.

Philippines | 8424 | Criminal Law

9/21/12, 9:09 pm

Answer (1 of 1)

QUALIFIED THEFT

VOLTAIRE T. DUANO

VOLTAIRE T. DUANO LAW OFFICE

9th Floor Suit 9N Future Point Plaza 3 No. 111 Panay Avenue, South Triangle, Que

Quezon City, 1103

Was the answer, for both offences by the husband and wife, because the police had told me the motorbike cant be classified as qualified theft as the motorbike has not been sold to me, not on my name and there is no paperwork of the motorbike stating their names either. it was still on the previous owner or before the owner where they bought it from.

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