Raffy Tulfo eyes amendment to qualified theft, Kasambahay Act

Senator Raffy Tulfo on Tuesday said that he was seeking to amend the crime of qualified theft under the Revised Penal Code (RPC).

“I will pass a bill that will remove our kasambahay from the provisions of qualified theft,” Tulfo said during a hearing of the Committee on Justice and Human Rights on the abuse of domestic helper Elvie Vergara.

Under Article 310 of the RPC, qualified theft shall be punishable… if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is a motor vehicle, mail matter, or large cattle, among others.

“Qualified theft should only punish those given clear trust and confidence with propery of the owner, tulad po ng bank teller na nag bulsa ng pera ng kanyang hinahawakan,” Tulfo said.

“Alam niyo po ginagamit ng masamsang amo ang qualified theft bilang panakot sa mga kasambahay nila,” he added.

Tulfo stressed that domestic workers found liable for qualified theft are punished with a penalty that is two degrees higher than the penalty for regular theft.

“This is very discriminatory and anti-poor. Alam niyo po kapag binasa niyo itong batas na ito… ang tawag po sa ating mga kasambahay ay domestic servant. Napaka makaluma na pag iisip,” he said.

Tulfo also proposed an amendment to Republic Act 10361, also known as the Domestic Workers Act or the Batas Kasambahay.

“Siguro higpitan natin ‘yung parusa, taasan natin yung parusa laban doon sa mga among mapang api. And siguro lagyan natin doon, baka may monitoring, dapat merong hotline yung each barangay na pwedeng tawagan ng isang kasambahay in distress,” said Tulfo.

“And kapag tumawag yung isang kasambahay… pupunta agad yung social worker kasama yung tanod and kasama yung PNP para i-check kung totoo nga yung sumbong,” he added.

The 44-year-old Vergara, who has gone blind and acquired numerous scars, looked back on her traumatic experiences in an episode of “Kapuso Mo, Jessica Soho.” — DVM, GMA Integrated News