Office of The City Prosecutor: Complainant
Office of The City Prosecutor: Complainant
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Las Piñas City
COMPLAINT-AFFIDAVIT
I, DAISY SORIANO-RAFAL, Filipino, of legal age, with office
address at Space #03006 Level 3 Gateway Araneta Center Socorro3,
Quezon City, after having been duly sworn in accordance with law, hereby
depose and state that:
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2. Ms. Janice Cabahug Makiling (hereinafter “Respondent,” for
brevity) is a Filipino citizen, of legal age, and a resident of #158 Pag-asa III,
Imus, Cavite, where she may be served with subpoena and other processes
of this Honorable Office. The Respondent used to work with Limbanyak
Frotyune Trading Corporation at its SM Southmall Las Pinas City Branch.
Responsibilities:
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Ensure on-time deposit or remittance of cash sales to the
authorized persons/banksxxx xxxx
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9.1. Attached hereto as Annex “D”-“D-2” are copies of the
affidavits.
12.1. Copy of the subject receipts are hereto attached as Annex “F”
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16. Todate, Respondent failed to pay the said amount despite
repeated demands.
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the taking was unlawful, there exists a presumption of intent to gain
on the part of Respondent.
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Matrido v. People, G.R. 179061, 13 July 2009
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Ibid.
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Art. 315. Swindling (estafa). — Any person who shall defraud
another by any of the means mentioned hereinbelow shall be
punished by:
21. The elements of Estafa under Article 315 par. 2(a) are as
follows:
22.2. Second. The misrepresentation that the items are hers and
thus she has authority to sell for a higher amount and had issued
sales invoice with a different amount from the POS validated receipt
are just some of the instances aside from the instances when
Respondent issued no receipt at all.
4
Augusto Sim, Jr. vs. Hon. Court of Appeals and the People of the Philippines, G. R. No. 159280, May 18, 2004, citing
L. B. Reyes, Revised Penal Code, Book II, (14thed, 1998), p. 763.
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Official receipt, the customers would not have parted their money on
her.
DAISY SORIANO-RAFAL
For and in behalf of MUST BE SUN
RETAIL CORP.
Affiant
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Assistant City Prosecutor