In the Philippines, the relationship between an employer and a domestic worker (kasambahay) is governed by the Republic Act No. 10361, or the Domestic Workers Act. However, when the relationship is severed by a criminal act—specifically theft—the provisions of the Revised Penal Code (RPC) take precedence.

Theft committed by a domestic worker is not treated as "Simple Theft." Under Philippine law, it is classified as Qualified Theft, a significantly more serious offense due to the "grave abuse of confidence" inherent in the act.

1. The Legal Classification: Qualified Theft

Under Article 310 of the Revised Penal Code, theft is considered "Qualified" if it is committed by a domestic servant or with grave abuse of confidence.

Why it matters: The penalty for Qualified Theft is two degrees higher than those specified for Simple Theft.
The Rationale: The law imposes a harsher penalty because the employer has given the domestic worker access to the innermost parts of their home and personal belongings, trusting them with the safety of their property.

2. Essential Elements of the Crime

To successfully prosecute a domestic worker for Qualified Theft, the following elements must be proven beyond reasonable doubt:

Taking of personal property: There must be actual physical taking of an item.
Ownership: The property belongs to the employer (or another person, but not the accused).
Intent to gain (Animus Lucrandi): The worker took the item for their own benefit.
Lack of consent: The taking was done without the owner's permission.
No violence or intimidation: If force was used against a person or property (e.g., breaking a safe), the charge might upgrade to Robbery.
Abuse of Confidence: The act was committed by a domestic servant or through a relationship that required high trust.

3. The Legal Process: Step-by-Step

Phase I: Filing the Complaint

The process begins with the filing of a Complaint-Affidavit before the Office of the City or Provincial Prosecutor.

Evidence Gathering: Collect CCTV footage, witness statements, or receipts of the stolen items.
Preliminary Investigation: The Prosecutor will determine if there is probable cause to believe the crime was committed and that the respondent is likely guilty.

Phase II: The Information

If the Prosecutor finds probable cause, they will file a formal document called "The Information" with the proper court (Regional Trial Court or Metropolitan Trial Court, depending on the value of the stolen property).

Phase III: Arrest and Bail

Once the Information is filed, the court issues a Warrant of Arrest.

Bail: Qualified Theft is generally a bailable offense, but because the penalty is two degrees higher than simple theft, the recommended bail amount is often set significantly higher, making it difficult for many domestic workers to post.

4. Common Defenses

Accused domestic workers often employ the following legal defenses:

Planting of Evidence: Claiming the employer framed them to avoid paying separation pay or back wages.
Ownership/Authorized Possession: Claiming the item was a gift or that they were given permission to use/keep it.
Lack of Intent: Claiming the item was merely misplaced or moved without the intent to permanently deprive the owner.

5. Critical Considerations for Employers

The "No Self-Help" Rule

Employers cannot take the law into their own hands. It is illegal to:

Detain the worker: Forcing them to stay in a room until they confess can lead to charges of Serious Illegal Detention or Kidnapping.
Confiscate belongings: You cannot seize the worker’s personal cell phone or bags without their consent, as this may be considered robbery or coercion.
Withhold wages: While the employer may feel entitled to "offset" the stolen value, the Kasambahay Law strictly protects unpaid wages. Legal counsel should be sought before making any deductions.

Reporting to the Barangay

While not always a prerequisite for criminal filing (as Qualified Theft is a public crime), reporting the incident to the Barangay creates an official blotter entry which serves as contemporaneous evidence of the discovery of the theft.

6. Penalties

The penalty for Qualified Theft depends on the value of the property stolen. Following the Republic Act No. 10951 (which adjusted the property values and penalties in the RPC), the court calculates the duration of imprisonment based on the current market value of the items. Given the "Qualified" nature, even relatively small thefts can result in years of imprisonment (Prision Mayor in its maximum period to Reclusion Temporal).

Value of Stolen Property	Base Penalty (Simple Theft)	Qualified Penalty (Domestic)
Minimal (e.g., small cash)	Arresto Mayor	Prision Correccional
Substantial (e.g., Jewelry/Electronics)	Prision Correccional	Prision Mayor
High Value (Over 1M PHP)	Prision Mayor	Reclusion Temporal to Reclusion Perpetua