Complaint Affidavit - CALANGI

Republic of the Philippines )
Batangas City ) S.S.
COMPLAINT - AFFIDAVIT
I, JUAN DE LA CRUZ, of legal age, married, Filipino, and a resident of C.

Tirona St., Batangas City, after having been sworn to in accordance with law, hereby
depose and state that:
1. I am the sole proprietor of JUAN POULTRY SUPPLY, with business
address at C. Tirona St., Batangas City; attached hereto are copies of my
DTI Certificate and my business permit for the year 2020, marked as
Annexes A and A-1 respectively
2. On or about 10:30 in the morning of March 13, 2020, I was reviewing the
records of Pedro Santos of 123 Alalum, San Pascual, Batangas, and there
discovered that he still has an unpaid balance amounting to TWO
HUNDRED THOUSAND PESOS (Php 200, 000.00) from the original
amount of FIVE HUNDRED THIRTY THOUSAND PESOS (Php
530,000.00) which he owed the store;
3. On March 13, 2020, I sent Pedro Santos a demand letter through my
lawyer to settle the unpaid balance amounting to TWO HUNDRED
THOUSAND PESOS (Php 200, 000.00) which he personally received on
even date; attached hereto is a copy of the demand letter indicating Pedro
Santos’ receipt thereof, marked as Exhibit B;
4. On March 14, 2020, Pedro Santos arrived at my counsel’s office and
reported that he has already paid in full the amount;
5. As evidenced of the said payment, Pedro Santos presented to my lawyer
the original of a receipt dated March 13, 2020 issued by Maria Gipit;
attached hereto is a copy of the said receipt marked as Annex C;
6. Maria Gipit has been in my employ as a cashier for a period of three
years;
7. When asked to explain the discrepancy between the amount recorded in
the store’s records and the amount indicated in the receipt, Maria Gipit
could offer no explanation;
8. I made a verbal demand for Maria Gipit to return the missing amount but
was unable to do so despite the lapse of a considerable period of time;
9. I am executing this affidavit for the purpose of filing a complaint against
Maria Gipit of 22 Brgy. Bolbok, Batangas City for violation of Article
310 in relation to Article 308 of the Revised Penal Code, defined as
follows:
a. 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;
2. Any person who, after having maliciously damaged the
property of another, shall remove or make use of the fruits or
object of the damage caused by him; and
3. Any person who shall enter an inclosed estate or a field
where trespass is forbidden or which belongs to another and
without the consent of its owner, shall hunt or fish upon the same
or shall gather cereals, or other forest or farm products.
b. Art. 310. Qualified theft. — The crime of theft shall be punished by
the penalties next higher by two degrees than those respectively
specified in the next preceding article, if committed by a domestic
servant, or with grave abuse of confidence, or if the property
stolen is motor vehicle, mail matter or large cattle or consists of
coconuts taken from the premises of the plantation or fish taken
from a fishpond or fishery, or if property is taken on the occasion
of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 13 th day of

May 2020, at Batangas City.
JUAN DE LA CRUZ
Affiant
Postal ID PRN F12300056920 P
SUBSCRIBED AND SWORN to _____ before this ____ of May 2020 at Batangas City,
and affiant personally appeared with his respective Postal ID PRN F12300056920 P
written below his name, issued on January 31, 2019 at Batangas City.
CERTIFICATION
This is to certify that I have personally examined the affiant and I am satisfied
that he understood this complaint – affidavit and that he voluntarily executed the same.
Republic of the Philippines
REGIONAL TRIAL COURT
Fourth Judicial Region
Branch 4, Batangas City

PEOPLE OF THE PHILIPPINES,
NPS Docket No.
-versus- For: Qualified Theft under

Article 310 in relation to
Article 308, Revised Penal
Code

MARIA GIPIT
(22, Brgy. Bolbok, Batangas City)
Accused.
x-----------------------------------------------------x

INFORMATION

The undersigned Prosecutor, hereby accuses MARIA GIPIT, of the crime of
Qualified Theft under Article 310 in relation to Article 308 of the Revised Penal Code,
committed as follows:
That on or about March 13, 2020 in the City of Batangas, Philippines and within
the jurisdiction of this Honorable Court, the above-named accused, did then and there
willfully, unlawfully, feloniously and with grave abuse of confidence, after having
received in payment from one Pedro Santos the amount of TWO HUNDRED
THOUSAND PESOS (P200,000.00) PESOS, Philippine Currency, took with the intent to
gain the said amount, to the damage and prejudice of Juan De La Cruz, the owner of Juan
Poultry Supply and the accused’s employer, without the latter’s consent.
Contrary to law.
DIANA MAE C. CALANGI

Assistant City Prosecutor
MCLE No.: VI-0312884
IBP No. 03040
APPROVED

________________
City Prosecutor
WITNESSES:
Juan de la Cruz
C. Tirona St., Batangas City
Pedro Santos
123, Alalum, Municipality of San Pascual
Batangas
CERTIFICATION
I hereby certify that a preliminary investigation in this case has been conducted by
me in accordance with law; that I and/or as shown by the record, an authorized officer
have examined the complainant and on the basis of the sworn statement and other
evidence submitted before me, there is reasonable ground to believe that the offense
charged had been committed and that the accused are probably guilty thereof; and that
accused were informed of the complaint and evidence submitted against them and were
given an opportunity to submit controverting evidence; and that the filing of this
information is with the prior authority and approval of the City Prosecutor.

SUBSCRIBED AND SWORN TO before me this 13th day of May, in the City of
Batangas, Philippines

BAIL RECOMMENDED: THIRTY THOUSAND PESOS (Php30,000.00)
Copy furnished:
Maria Gipit
Brgy. Bolbok, Batangas City
Juan de la Cruz
C. Tirona St., Batangas City
Pedro Santos
123, Alalum, Municipality of San Pascual
Batangas

Complaint Affidavit - CALANGI

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Republic of the Philippines )

Batangas City ) S.S.

I, JUAN DE LA CRUZ, of legal age, married, Filipino, and a resident of C.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 13 th day of

Postal ID PRN F12300056920 P

NPS Docket No.

-versus- For: Qualified Theft under

DIANA MAE C. CALANGI

DIANA MAE C. CALANGI

DIANA MAE C. CALANGI

BAIL RECOMMENDED: THIRTY THOUSAND PESOS (Php30,000.00)

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