Supreme Court Finds Managers Guilty of Theft for Withholding Service Charges from Staff – Supreme Court of the Philippines
The Supreme Court found two Shakey’s managers guilty of theft for withholding service charges from employees. The Court ruled that all five elements of theft were present: (1) there was a taking; (2) of property belonging to another; (3) done with intent to gain; (4) without the owner’s consent; and (5) without violence or force. The Court clarified that the crime was not qualified theft because the victims were fellow employees, not the employer; thus, there was no relationship of trust or confidence between them. Absent this qualifying element, petitioners were only convicted of theft in its simple form.
