REPUBLIC OF THE PHILIPPINES)
) S.S.
AFFIDAVIT-COMPLAINT
I, of legal age, Filipino,
married with business address at
depose and state:
1. That I am the Manager and duly authorized representative
of for brevity, a corporation
duly
organized and existing under the Philippine laws, with principal
address
at A photocopy of the Secretary’s
Certificate authorizing Cesario Cruz to file the above-
captioned complaint is hereto attached as Annex “A” and made an
integral part hereof.
2. That after having duly sworn to in accordance with law, I
do hereby accuse , driver-
collector of of legal age with residential address at
where he can be served
with legal processes of the complex crime of ESTAFA WITH ABUSE
OF CONFIDENCE under the Revised Penal Code.
3. That the submission and falsification of the
, sales, invoices and sales reports from January
2008 to September 2009 was committed in
and the misappropriation of the cash sales of the sold
products was committed by the respondent in the following manner
to wit:
3.1 That I am the of
since
3.2 That was employed by
_ since 20 as driver and
collector.
3.3 That respondent received for delivery and
sales
to customers in City since 20 . That it is
incumbent upon him to return unsold products to
Plaintiff
Corporation in its office in .
3.4 That on , 20 , I received verbal
reports from , Branch (Position)
about the short/under on floor stock in the daily report on
full cylinder
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floor stock. Photocopies of the Sworn Affidavit
short/under
of on floor stock in the daily report on full cylinder
is hereto attached as Annex “B” made
integral part hereof.
3.5 Acting on the Informationthat I received
, I informed
from the
Management and soon an audit team spearheaded
by
arrived on
, 20 to conduct a thorough
examination of the money and sales accountability
of,
respondent as driver and collector from January 20
to
September 20 . A Photocopy of the said Audit Report
dated
20 is hereto attached as Annex
“C”.
3.6 Based on the Audit Report submitted by
, hehighlighted in his findings the following to wit:
A) “Upon further checking by the undersigned
__ of _previous
trip tickets, majority have discrepancies or
differences on returned full/backload compared
with sales supported by sales invoices. Also
noted on trip tickets were the absence of total
cylinder content sold, which should have
4. That been indicated below the said trip tickets.
explain in
Respondent
his motorcycle B) That upon checking backwards
installment. Photocopyof of the Written____sales andof trip
Explanation tickets, A
respondent
dated TOTAL OF____________, AMOUNTING
20 isTO
heretoPHP FROMas Annex
attached JANUARY
“D”. 20__, TO
SEPTEMBER 20__ WAS MISSING IN THE SALES
.WHILE JANUARY TO DECEMBER
20__,TOTALLED TO
5. Truth to tell, respondent even turned over the
original receipt and certificate of registration of his OF
______________AMOUNTING TO LOSSES
PHP ______________.
motorcycle.
on __________ 20__, I requested respondent
to writing the discrepancies in his trip and cash
sales. readily admitted to me his wrongdoing and in fact
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even promised me that the next day he
would furnish me a copy of the Deed of Absolute Sale of his
motorcycle.
6. That sensing that would conduct a
thorough investigation of the abovementioned financial irregularity,
respondent
did not report for work prompting to send two
notices to report for work. In addition, I requested our company
lawyer to send a demand letter to respondent. Photocopies of the
Report to Work Notice dated and
and the Demand letter dated are hereto
attached as Annex “E”, “F” and “G”.
7. Obviously, respondent fearing the filing of criminal
case chose not to report for work without any leave of absence.
FLIGHT IS INDICATIVE OF GUILT. In spite of the diligent
efforts exerted by
, it could no longer locate respondent.
8. In spite of the receipt of said notices which was sent in
the given address of the respondent based on their 201 files,
respondent failed and refuse to report for work to the damage
and prejudice of
_.
9. That respondent’s acts of falsifying trip reports to conceal
the actual number of products sold by respondent and
misappropriating the undeclared cash sales in
the amount of
submitted to
in its principal office in
City and by refusing and failing to pay the same
to
has not only of the use and
deprived
enjoyment of said amount to its damage and prejudice.
AFFIANTS FURTHER SAY NONE.
Affiant
SUBSCRIBED AND SWORN to before me this day of
December 20 City.
at
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Assistant City Prosecutor
CERTIFICATIO
N
I HEREBY CERTIFY that I have personally examined the
affiant- complainant and that I am satisfied that he voluntarily
executed and understood his Complaint-Affidavit.
Assistant City Prosecutor
