REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 8
BAGUIO CITY

GARRY G. GO,
Complainant. CRIMINAL CASE NO.12345
QUALIFIED THEFT

-versus-

ENA A. MAGNA,
Accused.
x-----------------------------------x

COMPLAINT-AFFIDAVIT

I, GARRY G. GO, 50 years old, married, businessman, and a resident of

No.123 Twin Peaks, Tuba, Benguet, having been sworn in accordance with
law do hereby accuses Ena A. Magna of the crime of Qualified Theft,
committed as follows:

1. That on January 30, 2018, my wife Nika and I hired Ena A. Magna as
an “all around helper.” Among other functions and duties assigned to
Ena was as cashier in our restaurant, grocery, gas station, hardware,
and general merchandise, all located at Twin Peaks, Tuba, Benguet.
Because I am busy, she was inevitably put in charge of all the
businesses as cashier;

2. That sometime in August 2018, I noticed certain discrepancies in the

sales reports and actual cash Ena turned over to me. Initially, I
brushed off some discrepancies as part of being “beginner” in the
business, since she was really new at her job. I did not doubt her
because she was our long time neighbour at Twin Peaks, and our
families were close to each other. I even treated her as one of my
family members;
3. That sometime in October 2018, I conducted a spot check of the
receipts of sales made as against the business logbook. After
verifying, I discovered that several sums of money have been
withdrawn, taken, and stolen by Ena;

4. That from the month of January 2018 up to and until October 2018
(pakicheck naman, masyado atang matagal ung months? Sobrang
tiwala lang?), Ena failed to remit the proceeds of some sales, nor
recorded the transactions in the logbook;

5. That the total unreported and unremitted sales amounted to FOUR

HUNDRED FIFTY THOUSAND PESOS (P450, 000.00) for the
period above-mentioned;

6. That it was Ena’s duty to prepare the sales invoices and enter them
into the business logbook. Apparently, she failed in this respect in so
many instances;

7. That Ena was able to acquire several personal properties, to wit:

a) Honda CRV valued at THREE HUNDRED TWENTY FIVE

THOUSAND PESOS (P325, 000.00);
b) a Mountain Bike worth EIGHT THOUSAND PESOS (P8,000.00);
c) a Pet Dog (Pug) valued at THIRTEEN THOUSAND PESOS
(P13,000.00);
d) High end gadgets worth SEVENTY-FIVE THOUSAND PESOS
(P75,000.00);
e) Out of town trips to Sagada, General Santos, La Union, and others
worth SEVENTY FIVE THOUSAND PESOS (P75,000.00);

8. That Ena has no other means of income when I interviewed her before
she was hired. She previously worked for SITEL for 9 months with a
salary of FIFTEEN THOUSAND PESOS (P15, 000.00) monthly. She
also worked for ITI for 9 months with a monthly salary of TEN
THOUSAND PESOS (P10, 000.00);

9. That in our neigborhood, the family of Ena was financially disabled

and having a difficult time raising money for the medical
requirements of her father;
 10.That in October 2018, Ena went on absence without filing any leave.
In order to give her a chance to clear her name, I confronted her. She
denied the withdrawals. Instead she claimed, she withdrew money
from her account at BDO. However, she could not show competent
proof of such withdrawal. To settle the matter, she said that she would
sell the Honda CRV and remit the proceeds to me;

11.That there were no unreceipted transactions handled by Ena;

12.That Ena admitted she issued the receipts bearing her signature;

13.That upon review of the recorded CCTV footage, installed near the
cashier (on several occasions? How should we state this?), it was
revealed that when no one was around, Ena was getting money from
the cash register and secretly put it on her bag (paki rephrase na lang);

14.I am executing this complaint-affidavit to attest to the truth and

veracity of the foregoing statements, to file a formal complaint for
QUALIFIED THEFT against Ena A. MAGNA and for any legal
purposes it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

th
10 day of November, 2018 at Baguio City, Philippines.

GARRY G. GO
Complainant

SUBSCRIBED AND SWORN TO before me this 10th day of

November, 2018 at Baguio City, Philippines. I hereby certify that I have
personally examined the above named affiant and that the foregoing
statements were given by him voluntarily and of his own free will.

RICHARD A. FLORES
City Prosecutor
REPUBLIC OF THE PHILIPPINES}
City of Baguio } S.S.
x----------------------------------------x

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, Garry G. Go, of legal age and with residence No.123 Twin Peaks, Tuba,
Benguet, after having been duly sworn, depose and say:

1. That I have read the allegations therein contained, and that the
same are true and correct of my personal knowledge or based on
authentic records.

2. That I have not theretofore commenced any action or filed any

claim involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of my knowledge, no such other action or
claim is pending therein; and if I should thereafter learn that the same
or similar action or claim has been filed or is pending to the court
wherein the aforesaid complaint or initiatory pleading has been filed.

Witness my hand this 10th day of November 2018 at the City of

Baguio, Philippines.

GARRY G. GO
Complainant

SUBSCRIBED and SWORN to before me, this 10th day of

November 2018 at Baguio City, Philippines with his valid Driver’s License
No. L098-837-222 issued on 31 January 2017, at Baguio City, Philippines as
proof of his identification.

Doc. No. 58
Page No. 200
Book No. I
Series of 2018

ATTY. JOSEPH LAWAGAN

Notary Public
Until December 31, 2019
SM Fairview, Baguio City
PTR No. 2198282, 04-30-18
IBP O.R. No. 100640783, 4-14-18
Roll No. 66288, 04-29-18
Commission Serial No.: 74-NC-12(R)
MCLE Compliance No. II-0002267, 01-15-19