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FINAL Complaint Affidavit - QUALIFIED THEFT
FINAL Complaint Affidavit - QUALIFIED THEFT
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROSECUTOR
CITY OF MARIKINA
MARIA CLARA,
Respondent.
x-----------------------------------x
COMPLAINT AFFIDAVIT
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5. That on the same day, I tried searching for the missing items all over
the house thinking that I might have misplaced them somewhere but
to no avail;
6. That on the same day, I also looked for the respondent as she was the
only person left in the house that day but she was also missing. I tried
contacting her through her cellphone number but to no avail. This is
evidenced by the call logs and text messages I sent to the respondent
hereto attached as ANNEX “C”
7. I tried looking for her in my neighborhood since she was friends with
the other household keepers in my neighborhood but they confirmed
that they did not see the respondent that day. The judicial affidavit is
hereto attached as “Annex D”;
8. That on the same day, upon reviewing the CCTV camera located
inside my room, it was shown that the respondent took and carried
away several of my belongings, including the mentioned laptop and
phone, without my consent and left our house premises at around
11:30 am, and never came back. The said recording and screenshot of
the same is hereto attached as ANNEX “E”;
9. That on the same day, I was constrained to seek legal assistance from
the PNP Maysilo Station, Marikina City which immediately gave their
assistance. A certification of the official police blotter/report is hereto
attached as ANNEX “F”;
10.That the respondent’s act is considered as a crime of qualified theft
punishable under Article 310 in relation to Article 308 of the Revised
Penal Code are as follows: (1) there was a taking of personal property;
(2) the said property belongs to another; (3) the taking was done
without the consent of the owner; (4) the taking was done with intent
to gain; (5) the taking was accomplished without violence or
intimidation against person, or force upon things; and (6) the taking
was done under any of the circumstances enumerated in Article 310 of
the RPC, i.e., with grave abuse of confidence and committed by a
domestic servant;
11.That I am executing this complaint-affidavit to attest to the truth of
my statements; to file a formal complaint of QUALIFIED THEFT
against Respondent MARIA CLARA, my domestic worker, with
intent to gain, did then and there, willfully, unlawfully and feloniously
take, steal and carry away my ASUS Vivobook Go 15 OLED Laptop
and Samsung Galaxy Z Flip5, against and without my consent,
resulting to the loss/damage amounting to ONE HUNDRED
SEVENTEEN THOUSAND PESOS (Php 117,000.00); and for any
legal purposes it may serve.
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SUBSCRIBED AND SWORN to before me this 29th day of October
2023 at Marikina City, Philippines, the affiant exhibiting to me his Driver’s
License with ID no. N02-15-02690 issued on May 28, 2020 at Quezon City.
PRAYER
RESPECTFULLY SUBMITTED.
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REPUBLIC OF THE PHILIPPINES )
City of Marikina) S.S.
VERIFICATION AND
CERTIFICATION AGAINST FORUM SHOPPING
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Doc. No. 1
Page No. 1
Book No. V
Series of 2023.
COPY FURNISHED:
MARIA CLARA
Respondent
093-A Miguelito St., Brgy. 444, Zone 24,
Sampaloc, Manila City
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EXPLANATION FOR SERVICE BY
REGISTERED MAIL
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ANNEXES
ANNEX “A”
CONTRACT OF EMPLOYMENT
This Contract of Employment (“the Contract”) is entered into this 7th of October
2019 at 102 Rajah Soliman St., Brgy. Parang, Marikina City, between:
NICO D. STA. INES, of legal age, single, Filipino, and a resident of 102
Rajah Soliman St., Brgy. Parang, Marikina City, hereinafter referred to as the
“EMPLOYER”
and
WITNESSETH: That –
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e. Clean interior windows and mirrors - weekly
f. Clean, dust and vacuum entire house - daily
g. Clean the Employer’s laundry - weekly
h. Clean and play Employee’s dogs and cats
4. HOURS OF WORK: Employee shall render a minimum of eight (8) hours
of work per day and report for work at least six (6) days per week. It is
understood that Employee is being employed with a level of confidence and
degree of responsibility that may further require him to render work beyond
normal hours for which Employee may be justly remunerated.
5. BENEFITS:
a. The EMPLOYER will arrange free medical treatment and attention
in hospital for the duration of illness or accident with full wages for
the first five (5) days. There after wages will cease but medical
treatment and attention will continue, if however, in the opinion of a
qualified medical officer the EMPLOYEE will not be fit for further
service with the EMPLOYER within a reasonable time,
arrangements will be made to repatriate the EMPLOYEE in which
case the Employee will be maintained in hospital until the date of
departure.
b. The EMPLOYEE will be provided with accommodation and food
free of charge. Both parties understand that the EMPLOYEE cannot
be required to remain on the premises after working hours without
compensation;
6. TERMINATION: Either party may pre-terminate this contract,
PROVIDED, that the party concerned shall serve written notice to the other
of his/her intention to terminate the same at least ONE (1) MONTH prior to
the intended termination. PROVIDED, further, that should the
EMPLOYEE desire to terminate this contract he shall surrender any
document or accountability entrusted to him in relation to his employment;
7. MISCELLANEOUS:
a. Vacation. Employee shall be entitled to a total of two (2) weeks annual
paid vacation. Any unused vacation time may not be carried forward from
year to year and be converted to cash;
b. Sick Leave. Employee shall be entitled to Ten (10) days of sick leave
annually, which shall be administered in accordance with Employer’s
standard business practices. Any unused sick leave may not be carried
forward from year to year and be converted to cash;
c. Employee Benefit Plan. Employee shall be entitled to SSS and
PHILHEALTH benefits;
8. All of the clauses of this Agreement are distinct and severable and if any clause
shall be deemed illegal, void or unenforceable, the validity, legality or
enforceability of any other clause or provision of this Contract shall not be
affected;
9. This Contract shall be governed by and construed in accordance with the laws of
the Philippines. Employee hereby consents to the subject matter and personal
jurisdiction of the competent Philippine courts over any action brought by either
Party to enforce this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 7th
of October 2019 at Marikina City, Philippines.
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By: By:
ACKNOWLEDGEMENT
BEFORE ME, A Notary Public for and in the City of Marikina, Philippines,
this 7th day of October 2019 personally came and appeared the following persons
with their respective competent valid identifications, to wit:
All known to me and to me known to be the same persons who executed the
foregoing instrument, a Contract to Lease involving a condominium unit,
consisting of four (4) pages, including this page on which this acknowledgement is
written, signed, by them and their witnesses and sealed with my notarial seal, and
they acknowledged that the same is their own free act and voluntary deed and of
the person represented.
WITNESS MY HAND AND SEAL on the date and place first above
written.
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Doc. No. 2;
Page No. 4;
Book No. 45;
Series of 2023.
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ANNEX “B”
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ANNEX “C”
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ANNEX “D”
MARIA CLARA,
Respondent.
x-----------------------------------x
JUDICIAL AFFIDAVIT
PRELIMINARY STATEMENT
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language, which is known and understood by her and which she
could fully express her testimony. Thereafter, a copy of the Judicial
Affidavit was served to the witness for her review and signature
and for notarization by a Notary Public in Marikina City.
OFFER OF TESTIMONY
This testimony of Nico D. Sta. Ines is being offered for the following
purposes:
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employer. I have attached hereto the said contract.
6. Q6: How is your relationship with the respondent?
A6: We have a close bond. I have already considered her as my “Ate”
for she has already been with me for more than 3 years now. We have
a very good relationship and we have not been in any serious conflict
since the beginning.
7. Q7: Given that, would you say that the respondent can at any time ask
for a leave or even ask for a loan from you?
A7: Yes, Atty. I have been lenient to her since the start of her
employment. She always borrowed money from me when her son
needed some money for his school activities.
8. Q8: Do you have any proof, if any?
A8: No, Atty.
9. Q9: Can you narrate what happened on the day of October 25, 2023?
A9: Yes, Atty. That day, I told her I will be out to do some errands and
do the grocery as well. So I left the house knowing that she will be
alone to look out for the house and my pets while I am out. At around
12:30 pm, I arrived home from my grocery shopping in the market.
Immediately thereafter, I shouted for the respondent to help me
unpack what I bought. I shouted three times but there was no
response. I tried looking for her around the house but to no avail. Then
after a few minutes of unpacking, when I entered my room, I noticed
that the drawer near my bed where I usually put my laptop and
cellphone is open. When I looked at it, my belongings were gone. I
panicked and called the respondent multiple times through her
cellphone number but there was no answer. I even texted her multiple
times but there was also no answer. I have attached here a proof of my
call logs and text messages to her.
10.Q10: What happened after that, if any?
A10: I tried looking for her in the neighborhood since she was friends
with the other household keepers in my neighborhood but they
confirmed that they did not see the respondent that day.
11.Q11: What happened next?
A11: I remembered that I have a CCTV camera located inside my
room. I reviewed the recording that morning and it was shown that the
respondent took and carried away several of my belongings, including
the mentioned laptop and phone, without my consent and left our
house premises at around 11:30 am, and never came back.
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12.Q12: Can you enumerate the things that were stolen from you
that day?
A12: It is an ASUS Vivobook Go 15 OLED laptop with product
serial key no. 123123123 valued at Php45,000 and Samsung
Galaxy Z Flip5 with product serial key no. 6523894678 valued
at Php72,000.
13.Q13: What did you do after you watched the CCTV footage?
A13: I went personally to the Maysilo Police Station near my
area to report what happened. I then executed and filed a police
report narrating the same to the police officers at duty that day.
14.Q14: Do you want to add anything else?
A14: I have nothing else to say.
15.Q15: Do you know why you are executing the foregoing sworn
statement in this case?
A15: Yes. I am executing this sworn statement to be adapted as my
direct examination in this case to prove the cause of action for
qualified theft against the respondent in the above entitled case.
16.Q16: Finally, do you affirm to the truthfulness of your statement and
the existence of the documents you presented?
A16: Yes, I do.
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Doc. No. 2
Page No. 3
Book No. IV
Series of 2023.
ATTESTATION
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SUBSCRIBED AND SWORN to before me, a Notary Public in
Marikina this 02 November 2023, the. Prosecutor-Affiant personally came
and appeared with his Philippine National Identification No. 1256634-32434
issued at Marikina City on June 19, 2022, as his competent evidence of
identity.
COPY FURNISHED:
MARIA CLARA
Respondent
093-A Miguelito St., Brgy. 444, Zone 24,
Sampaloc, Manila City
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ANNEX “E”
Kindly click the underlined sentence to view the hyperlink of the CCTV
footage. Annex E_CCTV_footage.mp4
ANNEX “F”
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POLICE REPORT
NATURE OF CASE : Qualified Theft Under Article 310 in relation to
Article 308 of the Revised Penal Code
FACTS OF THE CASE : On or about 6:30 in the afternoon of October 25, 2023, one
NICO D. STA. INES, 30 yrs. old, single, Filipino, residing at 102 Rajah Soliman St., Brgy.
Parang, Marikina City, personally appeared and reported to Maysilo Police Station, Marikina
Police District that more or less 11:30 o'clock in the morning of October 25, 2023, that on the
same day at around 12:30 pm, when the victim got home after buying some groceries in the
market, he noticed that the following items were missing: ASUS Vivobook Go 15 OLED laptop
with product serial key no. 123123123 valued at Php45,000; Samsung Galaxy Z Flip5 valued
at Php72,000. The victim alleged that he is the owner of the above-mentioned items. That on
that day, it was only the suspect who was the only person in his house that day. The said
suspect is the victim’s trusted domestic worker who has worked for him for three (3) years,
That on the same day, upon reviewing the CCTV camera located inside my room, it was
shown that it was the suspect who took and carried away his belongings. Motive of the said
incident is for personal gain. A case for qualified theft is now prepared by Marikina Police
District for filing before the city prosecutor as an inquest case against the suspect Maria Clara.
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Summary of Evidence
To establish that
the respondent is
the domestic
helper of the
complainant.
Sales Invoice Annex “B” Documentary To prove
evidence ownership of the
missing items and
the values thereof.
Pictures of the Annex “B” Electronic To prove
missing items evidence ownership of the
(ASUS Vivobook missing items and
OLED and Samsung the values thereof.
Galaxy Z Flip5)
Screenshot of the Annex “C” Electronic To prove that the
call logs and text document respondent can no
messages made by longer be located
the complainant to after the alleged
the respondent items went
missing.
Judicial Affidavit of Annex “D” Testimonial To provide
the complainant, evidence consequential
Nico D. Sta. Ines details of what
took place when
the complainant
discovered that the
alleged items were
missing.
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during that
incident and that
she went missing
after the
complainant
discovered that his
alleged items were
missing.
CCTV footage of the Annex “E” Electronic To prove that the
room where the evidence missing items
missing items were were stolen by the
stored respondent
without force and
consent from the
complainant, and
with the intent to
gain therefrom
Police report Annex “F” Documentary To prove the
evidence; original existence of a
evidence police blotter
record before the
PNP recording
that such incident
happened.
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