Affidavit of Complaint For Qualified Theft [PDF]

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REPUBLIC OF THE PHILIPPINES OFFICE OF THE CITY PROSECUTOR CITY OF DAVAO

ANTON SHUGOR Complainant, -

versus -

I.S. No. 231547 For: Qualified Theft Art. 310 Revised Penal Code

MIKA SANTOS Respondent. x---------------------------------x

COMPLAINT-AFFIDAVIT I, ANTON SHUGOR, of legal age, Filipino, an accountant, with residence at No. 9 Cross Road St. Valley Subd. Davao City, after having been sworn in accordance with law, hereby states:

1. I am filing a complaint under Article 308 of the Revised Penal Code for Theft against Ms. MIKA SANTOS, hereinafter referred to as respondent, of legal age, and with residence at 76 B Brgy. Bucana, Davao City. 2. The respondent was referred to me by my acquaintance at work, Ms. Rose B. Umali, after I mentioned that I needed the services of a maid and cook for a duration of six months. The respondent was likewise informed that I needed household help, and through Ms. Umali, we exchanged phone numbers and agreed on a day in which the respondent will start with her duties. 3. On February 15, 2020, the respondent arrived at around 1PM. I oriented her to her duties and showed her around my house in order to familiarize her with the area, 4. The following day, she officially started her duties as a part of the household help. I left home for work at 6am after giving her instructions on what to do for the day. I arrived home from work at 9:30PM and checked if Page 1 of 5

all her tasks were accomplished. Everything was in order and I decided to retire for the day. 5. We followed the same routine for one week. On March 20, 2020, when respondent was out on a day off, I was going through my clothes basket, looking for my Rolex Speedmaster Watch. I was not able to find said item and decided to ask respondent as to its whereabouts through a text message. She replied that she had not seen the watch but volunteered to look for it once she returned. However, I had forgotten to inquire about it the following day. 6. Two weeks passed after that incident before I noticed that something was amiss. On March 15, 2020, when respondent was having her customary day off, I noticed that seven out of the twenty porcelain figurines I owned were missing. I also could not find several designer shirts that I owned and my pressure cooker was likewise missing. I also checked my drawers that day and I discovered that my .45 caliber pistol, laptop and tablet had been taken as well. 7. I decided to report the incident to the police that same day, but before I left my house, my neighbor, Ms. Kimberly Reyes, approached me and said that she kept seeing the respondent talking to a man by the gate and saw on March 10, 2020, between 10 to 11 AM, that said man was permitted to enter the house by the respondent and later exited the premises while carrying the respondent's belongings with the addition of a big brown bag. 8. I reported the incident on that same day and tried to contact the respondent, but she could not be reached and never showed up for work thereafter.

9. Her acts are clearly within the purview of the of Article 310 of the Revised Penal Code, as she had taken personal belongings without consent and without employing violence, intimidation and threat upon the rightful owner, with grave abuse of confidence.

PRAYER Wherefore premises considered, it is respectfully prayed after notice and hearing that the respondent be: 1. Indicted with the violation of Article 310 of the Revised Penal Code 2. Such other remedies that may arise from the complaint Page 2 of 5

ANTON SHUGOR Complainant VILLARIN LAW Unit 11 & 12,City Triangle Corporate Center, CM Recto St., Davao City

By:

ATTY. PAULO JOSE S. VILLARIN Counsel of the Complainant Roll of Attorneys No. 696969 PTR No. 69669, 4-24-20, Davao City IBP No. 5559, 4-24-20, Davao City MCLE Compliance No. VII-0220293; 4-19-19 Valid until April 14, 2022 Ecoland, Davao City

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING Republic of the Philippines) Davao City) S.S. I, ANTON SHUGOR, of legal age, Filipino, single, and a resident of Davao City, Philippines, after being sworn in accordance with law, hereby depose and certify that:

I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and to the best of my knowledge, no such action or proceeding is pending therein; If I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court of agency wherein the original pleading and sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this March 18, 2020 at Davao City, Philippines.

ANTON SHUGOR Complainant-Affiant

SUBSCRIBED AND SWORN to before me, this 18th day of March, by affiant ANTON SHUGOR who exhibited to me his SSS ID NO. 123451231245 issued at Davao City, Philippines on January 20, 2020.

Doc. No. __; Page No. __; Book No. __; Series of 2020.

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CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND I AM SATISFIED THAT SHE VOLUNTARILY EXECUTED AND UNDERSTOOD HER AFFIDAVIT.

PROSECUTOR JACKY CHAN

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