REPUBLIC OF THE PHILIPPINES OFFICE OF THE CITY PROSECUTOR CITY OF ANTIPOLO RIZAL
MARCUS TOLENTINO Complainant, -
I.S. No. 231547
versus -
For:
Qualified Theft Art. 310 Revised Penal
Code MAILA TORRES Respondent. x---------------------------------x
COMPLAINT-AFFIDAVIT I, MARCUS E. TOLENTINO, of legal age, Filipino, an accountant, with residence at No. 9 Cross Road St. Lores Subd. Antipolo 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. MAILA O. TORRES, hereinafter referred to as respondent, of legal age, and with residence at 76 B Brgy. Malabanan, M.L. Quezon St. Antipolo 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 May 6th, 2016, 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 all her tasks were accomplished. Everything was in order and I decided to Page 1 of 3
retire for the day. 5. We followed the same routine for one week. On May 15, 2016, when respondent was out on a day off, I was going through my clothes basket, looking for a pair of Versace slacks. 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 slacks 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 June 12, 2016, 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 June 11th, 2016, 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
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MARCUS E. TOLENTINO SSS I.D. no. 1741789 SUBSCRIBED and sworn to before me in Antipolo City this 18th day of February 2016, affiant/complainant showing his official identification document as stated above.
HON. ANTONIO R. CAPULONG Assistant City Prosecutor
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