A lawyer for actress and beauty queen Michelle Dee said Thursday there is “reasonable certainty of conviction” as a qualified theft complaint against her former driver was refiled before the Makati Prosecutor’s Office.

Attorney Maggie Garduque told DAILY TRIBUNE that evidence supports all elements of the crime against the driver, identified as “Alias Totoy.”

The case centers on the alleged theft of an angpao, or red envelope, which reportedly contained 10 valuable items.

“Mr. Baro, in all of his interviews... admitted that he indeed took the angpao without the knowledge and consent of Michelle,” Garduque said. “He took it because he thought there’s money inside, therefore with intent to gain.”

Garduque added that the driver’s four-year employment with the household establishes the “abuse of trust and confidence” required for a qualified theft charge.

The complaint was refiled after an initial case, lodged 19 January, was dismissed on procedural grounds. Prosecutors previously ruled the matter was not eligible for inquest proceedings and must instead undergo a regular preliminary investigation.

Dee personally submitted the new complaint to the Makati Prosecutor’s Office. According to Garduque, nine of the 10 items have been returned through the help of the driver’s wife, while one remains missing.

The driver, who was detained from 19 to 22 January, has denied criminal intent. He claims he believed the envelope was a Christmas gift and has since filed countercharges of torture and serious illegal detention against Dee and fellow celebrities Rhian Ramos and Samantha Panlilio.

He alleged that police physically harmed him during his initial custody.

Makati Police Chief Col. Pedro Alagano said the department is cooperating with investigators and has turned over CCTV footage from the detention period to the National Bureau of Investigation.

The Makati Prosecutor’s Office will now conduct a preliminary investigation to determine if there is sufficient evidence to formally indict the driver.