Dear PAO,
I am a taxi driver and someone left a laptop computer in my taxi. I was surprised to learn that I will be held liable for theft if I will not return the computer to its owner or surrender it to the proper authorities.

I intend to surrender the laptop which is still with me but I don’t know its owner. What shall I do?
Mang Mon

Dear Mang Mon,
The information you obtained about lost and found items is correct. Under the law, a lost thing must be returned to its owner by the person who found it. Otherwise, that person may be liable for theft. This is according to the Revised Penal Code of the Philippines which states:

“ART. 308. Who are liable for theft.—Theft is committed by any person who, with intent to gain but without violence, against, or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;

xxx”

It is undeniable that based on the abovementioned provision, you may be held liable for theft if you will not return the computer that was left by one of your passengers to its owner. In case the owner is unknown, the New Civil Code of the Philippines provides:

“Article 719. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place.

The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best.

If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication.

Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses.”

Clearly, the thing found may be surrendered to the public official mentioned. This is what you are going to do to avoid criminal liability in case the owner discovers that you were the one who found his computer.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.