1) Overview: what you’re trying to accomplish

When personal property is stolen at work, there are usually three parallel tracks you can pursue:

Criminal case (against the offender): most commonly Theft or Qualified Theft under the Revised Penal Code (RPC), and sometimes related crimes (e.g., robbery, fencing).
Workplace/HR process (disciplinary and preventive measures): incident reporting, investigation, possible dismissal of an employee-suspect following due process.
Recovery and damages (civil aspect): restitution, return of property, and damages that may be pursued alongside the criminal case.

CCTV footage can be powerful, but in practice it works best when it is preserved properly, authenticated, and corroborated (e.g., witness statements, access logs, inventory, receipts, and timelines).

2) Identify the right crime: theft vs. qualified theft vs. robbery (and others)

A. Theft (Revised Penal Code)

Theft generally involves:

Taking of personal property belonging to another,
Without the owner’s consent, and
With intent to gain (“animus lucrandi”),
Without violence or intimidation and without force upon things (i.e., not breaking locks/doors in a way that fits robbery).

At work, this often covers stolen phones, wallets, laptops, cash, ID cards, tools, and other personal items.

B. Qualified Theft (Revised Penal Code)

Theft becomes Qualified Theft when committed under circumstances that make it more serious—commonly relevant at work:

Theft committed with grave abuse of confidence (e.g., an employee abusing access or trust),
Theft by a domestic servant (less relevant to offices, but relevant to households),
Or other qualifying circumstances recognized by law.

Why this matters: Qualified theft is typically punished more severely than simple theft, and it is frequently alleged when an employee steals from a co-employee or the employer, especially if the employee used access, keys, custody, or trust.

C. Robbery (Revised Penal Code)

Consider Robbery instead if:

There was violence or intimidation (e.g., threats, force against a person), or
There was force upon things in a way that falls under robbery provisions (e.g., breaking into locked containers/rooms in a manner recognized as robbery).

D. Fencing (Presidential Decree No. 1612)

If someone buys, sells, possesses, or deals in property known (or should be known) to be stolen, that person may be liable for Fencing. This is relevant if your stolen item turns up in online marketplaces, pawnshops, or is found with someone who is not necessarily the original thief.

E. Other possible angles

Estafa (fraud) is different: it typically involves deception or misappropriation under a trust/receipts scenario, not mere taking.
Malicious mischief if property is intentionally damaged rather than taken.

3) First moves: what to do immediately after the theft

A. Secure safety and stop further loss

If the suspect is present and there’s risk of confrontation, prioritize safety and notify security/HR.
Do not attempt “vigilante” recovery that could expose you to counterclaims.

B. Preserve evidence fast (this matters more than people realize)

CCTV systems often overwrite footage in days (sometimes hours).

Do this immediately:

Write down the timeline: last time you saw the item, when you discovered it missing, who had access, and relevant locations.
Report to security/HR and request a preservation hold on the CCTV recordings for the relevant cameras and time window.
Ask for:
- The exact camera IDs/locations,
- The exact time span,
- The format of the export, and
- The name/title of the person who will certify the copy.

C. Identify and document the stolen property

Prepare proof of ownership/value (the more, the better):

Official receipt (OR), invoice, warranty card, delivery receipt
Serial number/IMEI (phones/laptops), MAC address, asset tags
Photos of the item (and distinguishing marks)
Screenshots of “Find My iPhone,” Google Find My Device, tracking logs
Replacement cost or market value estimates (keep them reasonable and supportable)

D. Avoid common mistakes that weaken cases

Do not post CCTV clips on social media. That can trigger privacy issues and defamation/harassment claims, and it can spook suspects into destroying evidence.
Do not edit the CCTV file (cropping and annotating can be done for presentation later, but always keep an untouched “original export” copy).
Do not rely on CCTV alone if you can also obtain logs (door access, sign-in/out, locker logs), witnesses, or admissions.

4) Getting CCTV footage legally in a workplace setting (and using it in a case)

A. Who controls the CCTV?

In most workplaces, the employer (or building admin) is the data controller/owner of the CCTV system, not individual employees.

You can request:

A copy of footage relevant to the incident, and/or
At minimum, a viewing and a certified export for law enforcement.

B. Data privacy considerations (practical guidance)

CCTV video is often treated as personal information when individuals are identifiable. In practice, workplaces may only release copies when there is a legitimate purpose (security incident) and appropriate safeguards.

Best practice request:

Ask the company to preserve and produce a certified copy specifically “for investigation and possible legal proceedings,” limited to:
- Relevant cameras and timeframes only,
- Secure handling,
- Release to police/prosecutor/lawyer if needed.

If HR/security refuses to provide you a copy directly, you still have options:

Request that they release it to the investigating officer (PNP/NBI) upon official request.
During proceedings, the prosecutor/court process can compel production through subpoena.

C. Authentication is the key to admissibility

To use CCTV effectively, you want:

A witness (often the CCTV custodian, security officer, IT/admin) who can attest:
- The CCTV system is operational,
- How recordings are stored,
- That the exported file is a true and faithful copy,
- The method and date/time of export,
- That the footage was not tampered with.

Also preserve:

Export logs, hash values (if available), chain-of-custody notes, and storage media details.

5) Where to file: Police blotter vs. prosecutor’s office (and what each does)

A. Police blotter (PNP) / initial report

You can go to the local police station and:

Make a blotter entry,
Submit an initial statement,
Provide evidence details and request assistance to obtain CCTV properly.

A blotter entry is not the same as filing a formal criminal complaint, but it helps create an early official record and may prompt investigatory steps.

B. Filing a criminal complaint (the “real” filing)

In the Philippines, for most theft cases, you typically file an Affidavit-Complaint and supporting evidence with:

The Office of the City/Provincial Prosecutor (for preliminary investigation), often with police assistance, or
The police may help complete a complaint package for filing.

Venue (where to file):

Usually where the theft occurred (city/municipality of the workplace).

C. Inquest vs. regular preliminary investigation

Inquest applies when a suspect is lawfully arrested without a warrant (e.g., caught in the act, hot pursuit, etc.).
Otherwise, theft complaints proceed via regular preliminary investigation.

6) Step-by-step: filing your theft complaint using CCTV

Step 1: Make an incident report at work

Report to immediate supervisor/HR/security.
Ask for a written incident report number (if available).
Request preservation and certification of CCTV.

Step 2: Prepare your Affidavit-Complaint (and supporting affidavits)

Your affidavit should be clear, chronological, and fact-based.

Include:

Your identity and contact details
Your employment role and workplace location (for context)
Description of the stolen item(s), serial numbers, and estimated value
Last time you had the item; where it was stored; security measures (locker, bag, desk)
When/how you discovered it missing
Who had access (as facts, not accusations unless supported)
What you did immediately after (reported to HR/security, requested CCTV preservation)
What the CCTV shows (describe objectively)
Any other corroboration (witnesses, access logs, admissions, recovery attempts)
Your request that charges be filed against the identified person(s)

Attach:

Proof of ownership/value (receipts, photos, serial number documentation)
Screenshots/printouts (tracking, messages, marketplace listings, etc.)
Witness affidavits (if any)
HR/security incident report (if obtainable)
Certified CCTV copy (or note that employer will produce it upon request/subpoena)

Step 3: Get the CCTV in the strongest usable form

Ideal evidence package:

CCTV exported by the custodian in original or system-generated format
A certification/affidavit from the custodian
A copy placed on sealed USB/DVD with markings (date/time, camera, incident)
A chain-of-custody note: who handled it from export to submission

If you only have a phone-recorded clip of a CCTV monitor, it can still help lead investigators, but it’s weaker than a direct export.

Step 4: File with the prosecutor (or through police assistance)

Submit:

Your affidavit-complaint
All attachments (indexed and labeled)
Copies (usually multiple sets; requirements vary by office)
A list of witnesses and their addresses

Ask for:

The case docket number (or receiving reference)
Instructions for follow-up

Step 5: Preliminary investigation process (what to expect)

The prosecutor issues a subpoena to the respondent (suspect) to submit a counter-affidavit.
You may be asked to submit a reply-affidavit.
The prosecutor determines probable cause and may file the case in court.

During this phase, you can request the prosecutor to subpoena the employer/building admin to produce CCTV if not yet provided.

7) Building a stronger case: evidence checklist beyond CCTV

A. “Linking” evidence (to identify the person)

Witness recognition (security, coworkers)
Entry/exit logs, access card records, visitor logs
Locker keys issuance logs
Workstation login logs (where relevant and lawful)
Photos showing clothing, bag, distinctive items matched to a person

B. “Ownership/value” evidence (to establish what was taken)

Receipts and serial numbers
Device registration details
Proof of prior possession (photos, messages, work documentation)
Appraisals for high-value items

C. “Intent to gain” indicators

Concealment, fleeing, disposal, selling online, pawning
Possession shortly after loss without a credible explanation

8) If the suspect is a co-employee: HR and administrative discipline alongside the criminal case

A. Administrative case at work is separate

The company can investigate under company policies and impose discipline independently of the criminal case. However, employers must generally observe due process (commonly the “two-notice rule” and opportunity to be heard).

B. Qualified theft and employment consequences

If an employee is responsible, the company may treat this as serious misconduct, fraud, or breach of trust—often a ground for dismissal—provided due process is observed.

C. Coordination tips

Ask HR to document all steps.
Request that HR/security preserve CCTV and logs.
Keep your own paper trail (emails, acknowledgments, incident reports).

9) Recovery: getting your property back and dealing with fencing/pawnshops

A. If you locate the item (online or elsewhere)

Save screenshots of listings (seller profile, price, time/date).
Avoid entrapment or risky meetups alone; coordinate with law enforcement.
If it appears in a pawnshop, notify police and provide proof of ownership.

B. Consider a fencing angle

If someone is selling or possessing the item and circumstances point to knowledge that it’s stolen, law enforcement may explore fencing liability.

10) Practical templates (adapt as needed)

A. CCTV preservation request (workplace)

Subject: Request to Preserve and Certify CCTV Footage – Theft Incident on [Date] To: [HR/Security/Building Admin] I am requesting the immediate preservation of CCTV footage related to a theft incident at [location] on [date], within the time window of approximately [time range]. Please preserve recordings from the following areas/cameras: [list]. This request is for investigation and possible legal proceedings. Kindly confirm retention steps taken and the name of the custodian. If possible, please prepare a certified export of the footage or be ready to provide the same upon official request from law enforcement/prosecutor. Name / Department / Contact / Signature

B. Basic outline of an Affidavit-Complaint (Theft/Qualified Theft)

Personal circumstances (name, address, employment)
Statement of facts in chronological order
Description of stolen property + proof
Discovery of loss and immediate actions
CCTV summary (objective description)
Identification facts (how you know it’s the respondent)
Other supporting evidence/witnesses
Prayer: request that charges be filed
Verification and signature before a notary

11) Common pitfalls (and how to avoid them)

Accusing without evidence: Stick to facts; let the prosecutor decide charges.
Breaking privacy or defamation laws: Don’t publicly shame or post CCTV online.
Failure to preserve CCTV: This is the #1 reason cases weaken.
Overstating value: Penalties often depend on value; keep it credible and documented.
Gaps in timeline: Write a precise timeline with timestamps as best you can.
No authentication: A certified export and custodian testimony/affidavit matter.

12) Frequently asked questions

“Can I force my employer to give me the CCTV copy?”

Workplaces often prefer releasing footage only to law enforcement or via subpoena due to privacy and security policies. If they won’t provide you a copy, request that they preserve it and release it to the investigating officer, or be prepared to produce it upon prosecutor/court subpoena.

“Is CCTV alone enough?”

Sometimes, but it’s stronger when paired with:

proof of ownership,
access logs,
witness affidavits,
and clear identification of the person and the act of taking.

“Should I file immediately even if I don’t have the CCTV file yet?”

Yes—file while requesting preservation. You can state that the CCTV is controlled by the employer and will be produced upon official request/subpoena. The priority is preventing deletion.

“What if I’m not 100% sure who it is?”

Describe what you actually know. You can file against “John Doe” initially if needed and let investigation identify the person, but the more identification evidence you can provide, the better.

13) Final practical roadmap (quick checklist)

Report to HR/security; request CCTV preservation immediately.
Document timeline, witnesses, access points, item details, serial numbers.
Obtain or arrange for a certified CCTV export and custodian certification.
Make a police blotter entry and request assistance if needed.
Prepare and file an Affidavit-Complaint with attachments at the prosecutor’s office (or with police help).
Monitor preliminary investigation; request subpoenas for CCTV/logs if needed.
Coordinate recovery steps safely; preserve evidence of resale/fencing if applicable.

This article is general legal information for the Philippines and is not a substitute for advice from a lawyer who can evaluate your specific facts, documents, and local prosecutorial requirements.