Republic of the Philippines )

Makati City ) S.S.

COMPLAINT-AFFIDAVIT

I, PEPAY JORNACION, of legal age, single, Filipino and a resident of

3535 Hilario St., Brgy. Palanan, Makati City, after having been duly sworn in
accordance with law hereby depose and state that:

1. I am filing a complaint under Article 308 of the Revised Penal Code

for Theft against TONY CRUZ (alias “Boy Rugby”) and FRED MUNDIN
(alias “Balbon”), hereinafter referred to as Respondents, of legal ages, and
with residence addresses at 2986 Cuenca St., and 5402 Florida St., Brgy San
Isidro, Makati City, respectively.

2. On September 7, 2019 at around 9:00pm, after attending my law

school class while standing by the side of Sen. Gil Puyat Avenue in Makati
City and waiting for a ride home, a man emerged out of nowhere and
sprinted towards my direction then forcefully grabbed my bag. Thereafter,
the man already sped-off in a motorcycle driven by another man with my
bag containing my mobile phone, laptop, wallet with some cash, IDs’ and
credit cards, law books and some reviewers valued in the amount of One
Hundred Thousand Pesos (Php.100,000).

3. At the course of the struggle, I managed to remember the physical and

facial features of the Respondents. The man who grabbed my bag is the one
with a stocky build and bald head while the other man who was on the
motorcycle was tall with a bearded face.

4. On the following day, September 8, 2019, I reported the incident to

Makati Central Police Headquarters in Yakal, Makati City. A week later,
Sgt.Beluang called me to identify whether the suspects in their custody
match the description I gave.

5. On September 15, 2019, upon seeing the suspects, I positively

identified them as the perpetrators. The man who grabbed my bag is the one
with a stocky build and bald head known as Tony Cruz (alias “Boy Rugby”)
while the other man who was on the motorcycle was tall with a bearded face
who then was introduced to me as Fred Mundin (alias “Balbon”).

6. According to Article 308 of Revised Penal Code of the Philippines,

the elements of the crime of Simple Theft are as follows: (a) That there be
taking of personal property; (b) That the said property belongs to another;
(c) That the taking be done with intent to gain; (d) That the taking be done
without the consent of the owner; and (e) That the taking be done without
the use of violence against or intimidation of persons or force upon things.
(Emphasis supplied)
 7. Further, under Article 14 (20) of the Revised Penal Code, a crime is
aggravated when committed with the aid of persons under fifteen years of
age or by means of motor vehicles, motorized watercraft, airships, or other
similar means. (Emphasis supplied)

8. Therefore, the acts of the Respondents are clearly within the purview
of Article 308 of the Revised Penal Code, as they had taken my personal
belongings without consent and with intent to gain but without violence
against or intimidation nor force upon things, as such, the crime is also
aggravated by means of motor vehicle.

PepayJornacion
SSS I.D. No. 194-9384-999

CERTIFICATION

SUBSCRIBED AND SWORN to before me this 28th day of September

2019 in Makati City.

I HEREBY CERTIFY that I have personally examined the affiant, and the
latter acknowledged to me that she caused the preparation and filing of the
foregoing complaint-affidavit and that she had read and understood the contents
thereof, and that she executed the same freely and voluntarily.

HON. ARTHUR R. LOPEZ

Assistant City Prosecutor

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