Receiving a summons or subpoena for theft (qualified or simple) is a serious matter that can cause significant stress, damage to reputation, and financial burden—even when the accusation is completely baseless. In the Philippines, false or malicious theft complaints are unfortunately common in business disputes, neighbor conflicts, family disagreements, employer-employee issues, or simple personal grudges. This comprehensive guide explains the entire process, your rights, and the most effective steps to defend yourself and potentially turn the tables on the false accuser.

1. Stay Calm and Do Not Ignore It

The single biggest mistake people make is panicking or ignoring the document.

A subpoena from the Office of the City/Provincial Prosecutor requires a counter-affidavit within 10 days (non-extendible in most cases under the 2018 Rules on Preliminary Investigation).
A court summons requires appearance on the date stated or filing of an answer/motion.
Ignoring either can lead to waiver of rights, issuance of a warrant, or resolution/information being filed without your side heard.

Immediately photocopy everything and consult a competent criminal litigation lawyer. Do not attempt to settle or talk to the complainant without counsel—anything you say can be twisted against you.

2. Understand the Two Stages Where You Can Receive Notice

A. Preliminary Investigation Stage (Prosecutor’s Office)

Most theft cases begin here. You will receive a subpoena with the complainant’s affidavit and attachments.

Your goal: Convince the prosecutor there is NO probable cause.

What to do:

File a Counter-Affidavit (with supporting affidavits of witnesses) within the reglementary period.
Attach clear evidence: receipts, CCTV footage, communications showing consent/permission, proof of ownership, alibi evidence, etc.
Point out fatal defects: lack of elements of theft (taking, intent to gain, absence of consent, personal property of another), mistaken identity, forged signatures, inconsistent statements, etc.
Request the prosecutor to dismiss outright for lack of probable cause.

Success rate at this stage is high if the accusation is truly baseless and you present strong documentary evidence.

B. Court Stage (Information Already Filed)

If the prosecutor found probable cause, an Information is filed in court (MTC/MTCC for theft below certain value thresholds under RA 10951, RTC for higher values or qualified theft).

You will receive a summons or, worse, a warrant of arrest.

Immediate actions:

File a Motion for Judicial Determination of Probable Cause + Motion to Quash the Information or Motion to Suspend Arraignment.
Common grounds for quashing: lack of elements of the crime, prescription, facts charged do not constitute an offense.
If there is a warrant, file an Urgent Motion to Recall Warrant + Motion to Post Bail (even if the case is bailable by right).
Never voluntarily surrender without a lawyer coordinating with the court—many judges recall warrants upon strong motion.

3. Strongest Defenses in Baseless Theft Cases

No intent to gain / no deprivation – e.g., you had permission, it was a loan, or it was a civil dispute (unpaid debt disguised as theft).
Civil, not criminal nature – collection of debt, unpaid salaries, or breach of contract cannot be criminalized as theft or estafa without deceit or abuse of confidence.
Alibi + positive identification defense – CCTV, time stamps, witnesses.
Forgery or planted evidence.
Value does not meet threshold for qualified theft.
Complainant has a clear motive to fabricate (blackmail, leverage in civil case, revenge).

4. Counter-Charges You Can File Against the False Complainant

A baseless complaint is itself a crime. Use this aggressively.

A. During Preliminary Investigation

Include in your counter-affidavit a prayer that the complaint be dismissed and the complainant be prosecuted for Perjury (Art. 183, RPC) if the affidavit contains deliberate false statements.

B. After Dismissal at Prosecutor Level

File your own complaint for:

Perjury (if false statements were under oath)
False Testimony in Judicial Proceedings (if already reached court)
Malicious Prosecution (although not a criminal offense per se, it is the basis for damages)
Incriminating Innocent Persons (Art. 363, RPC) – if the complainant knowingly gave false evidence

C. Civil Action for Damages

Even without criminal counter-charges, you can file a separate civil case for:

Malicious Prosecution (Art. 19, 20, 21, Civil Code)
Abuse of Rights (Art. 19)
Damages under Arts. 26, 32, 33, 34 (violation of dignity, privacy, honor)

Many lawyers file this as a compulsory counterclaim in the theft case itself or as an independent action under Rule 111.

Landmark cases (Madeja v. Caro, Spouses Timado v. People, etc.) award moral damages (P100,000–P500,000), exemplary damages, and attorney’s fees when malice is proven.

5. Special Situations

Employer accusing employee of theft

Very common. Demand complete particulars (what item, when, how). File illegal dismissal with NLRC + money claims, and counter-charge for Art. 288/289 (unfair labor practices) or defamation.

Theft of motor vehicle (carnapping) falsely filed

Demand presentation of the vehicle. File replevin if they are holding your car.

Barangay-level mediation attempted first

Theft is NOT covered by Katarungang Pambarangay (PD 1508 as amended). Complainant bypassing barangay is irrelevant.

Accusation based on mere possession

Possession of recently stolen property raises only a presumption—easily rebutted with proof of legitimate acquisition.

6. Practical Tips from Experienced Litigators

Document everything from Day 1.
Preserve all chat messages, emails, receipts, CCTV.
Never pay “settlement” without a notarized Affidavit of Desistance AND dismissal order from the prosecutor/court—many complainants take money then continue the case.
If the complainant is influential or connected, elevate the case early to the DOJ via Petition for Review (if dismissed by prosecutor) or Court of Appeals via Rule 65 (grave abuse by judge).
Consider filing an administrative case against the prosecutor if he/she files the case despite obvious lack of evidence (gross ignorance or misconduct).

7. Timeline Summary

Day 1 – Receive subpoena/summons → Consult lawyer within 24–48 hours
Within 10 days – File counter-affidavit (prosecutor stage)
If filed in court – File motions within 15 days of summons
Trial proper – 6 months to 3 years depending on court backlog
After acquittal/dismissal – File counter-charges/damages within prescriptive periods (4 years for damages, 10–20 years for perjury depending on penalty)

Final Word

A baseless theft complaint, while terrifying, is one of the easiest criminal cases to defeat when handled properly and promptly. The Philippine justice system, despite its delays, still respects evidence and due process. With strong documentary proof and aggressive defense, not only will you be cleared— you can make the false accuser pay dearly in criminal, civil, and moral terms.

Act immediately, lawyer up, document everything, and fight back. The law protects the innocent far more than most people realize.