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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Stealing company property is a theft against the employer. Due to this fraudulent act, the employer is justified in dismissing an employee for just cause. This includes even an attempted theft.
Under Article 308 of the Revised Penal Code, theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.
Further, if the crime of theft shall be committed by and through the following means, the crime is considered as qualified theft:
- committed by a domestic servant
- with grave abuse of confidence
- the property stolen is large cattle or consists of coconuts, or fish taken from a fishpond or fishery
Jurisprudence has classified theft of company property as a serious misconduct and denied the award of separation pay to the erring employee. (Reno Foods, Inc. v. Nagkakaisang Lakas ng Manggagawa-Katipunan, G.R. No. 164016, March 15, 2010)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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