COMPALINT AFFIDAVIT

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF BUTUAN

MARIA M. MERCEDES
Complainant,

I.S. No. 12345

For: Theft

-------Versus-------

ROSALINDA L. BERMUDEZ
Respondent.
x-------------------------------------------x

COMPLAINT AFFIDAVIT

I, MARIA M. MERCEDES, single, of legal age, Filipino, with home

address at 4 Papa Drive, Mama Village, Butuan City, after being sworn to in
accordance with law, hereby depose and sate that:
1. I am the owner of a Blue Acer Aspire Laptop V5-431 Model No.
MS2360 with registration number CO-07052-2015-RDL and
registration date 01/31/2015 worth P 35,000.00 as evidence by an

official receipt issued by the Office Warehouse herein attached as

Annex A;
2. The accused, ROSALINDA L. BERMUDEZ, is my neighbour
residing at 5 Papa Drive, Mama Village, Butuan City;
3. Herein accused is personally known by me and my family, being the
niece of my sister-in-law;
4. At about 8 pm of December 25, 2015, said accused, ROSALINDA
L. BERMUDEZ, together with her family, came to our house and
spent Christmas dinner with us;
5. While having dinner, I brought my laptop to the kitchen, placed it on
a table, and watched family videos saved on the said laptop;
6. Around 11 pm of December 25, 2015, the accused and her family
left our home;
7. On December 26, 2015, around 1 a.m., while looking out from the
2nd floor window, I noticed that the accused wearing a gray jacket
was sneaking out of our house through the backdoor carrying a Blue
Acer Laptop;
8. I searched for my laptop in the kitchen, where I remembered I last
used it, but could not find;
9. On December 26, 2015, around 8 a.m., I went to the house of the
accused to confront her of the incident that occurred in the previous
night;
10. I noticed that a Blue Acer Laptop similar to mine was placed on
their coffee table, just visible to my eyes, however, she vehemently
claimed that she is the owner of the laptop;
11. Upon consultation with my lawyer, I understand that the acts of the
accused qualify for THEFT punishable under Article 308 of the
Revised Penal Code;

12. Article 308 of the revised Penal Code provides that 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 latters consent;
13. I am executing this affidavit to attest to the truth of the foregoing
facts and for the purpose of filing a criminal complaint for THEFT
against the accused.

To THE TRUTH OF THE FOREGOING, I have signed this

Complaint- Affidavit on January 8, 2016.

MARIA M. MERCEDES
Affiant
SUBSCRIBED and SWORN TO BEFORE ME, this 8 th day of January
2016 in the City of Butuan by Maria M. Mercedes with Passport No. 453729
issued on December 27, 2014 at Butauan City, with an expiration date of
January 3, 2019 and CTC No. 12345. I hereby certify that I have examined
the Affiant and that I am fully satisfied that he has voluntarily executed and
understood the contents of his Complaint-Affidavit.

KATA RUNGAN
Assistant City Prosecutor
Butuan City
Witnesses:
GOLDIE MYRRH NUDALO
ANNEX A

NIKKO MENCIDOR

COUNTER AFFIDAVIT

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF BUTUAN

MARIA M. MERCEDES
Complainant,

I.S. No. 12345

For: Theft

-----Versus----ROSALINDA L. BERMUDEZ
Respondent.
x-------------------------------------------x

COUNTER- AFFIDAVIT

I, ROSALINDA L. BERMUDEZ, married, of legal age, Filipino, with

home address at 5 Papa Drive, Mama Village, Butuan City, after being sworn
to in accordance with law, by the undersigned attorney and to this Honorable
Office respectfully avers that:
1.

I am the neighbour of MARIA M. MERCEDES, who resides at 4

Papa Drive, Mama Village, Butuan City;

2.

Complainant and I have not been in good terms for the past months,
due to the incident where my children accidentally bump
Complainants youngest child with a bicycle and because I failed to
return the money I barrowed on time;

3.

I admit to the allegation in paragraph 3 that accused is personally

known by me and my family, I being the niece of her sister-in-law;

4.

I admit the allegations in paragraph 4 of the Complainants

Affidavit, that I, together with her family, came to their house and
spent Christmas dinner with them; and

5.

I admit the allegations in paragraph 6 of the Affidavit, that around

11 pm of December 25, 2015, we left their home.

ANTECEDENTS

6.

On December 17, 2015, my husband bought me an Acer Aspire

laptop, blue in color Model No. MS2360 with registration number
CO-07252-2013-RDL and registration date 07/28/2015 worth P
32,500.00 as evidence by an official receipt issued Dellmark
Appliance Co. attached herein as (Annex A);

7.

After we left Complainants home, my family and I went to sleep;

8.

The laptop that the Complainant saw on top our coffee table is mine,
bought by my husband as a birthday gift;

9.

I recently learned that I have been made a respondent in I.S. No.

12345, a charge for THEFT filed by MARIA M. MERCEDES on
January 8, 2016 before the Office of the City Prosecutor of Butuan
City;

10.

On January 15, 2016, I received a Subpoena from the said office

requiring me to submit a Counter- Affidavit within Ten (10) days
from such receipt;

11.

The charge is based on the allegation that I sneaked into the house
of MARIA M. MERCEDES on December 26, 2015, 1 a.m., and
stole her Blue Acer Aspire Laptop;

12.

Considering the foregoing, I respectfully pray that I be acquitted of

the crime of THEFT wrongfully imputed upon me by MARIA M.
MERCEDES the incident being based on false belief that I stole her
laptop when in fact the laptop she saw was mine.

13.

I am executing this affidavit to attest the truth of the above facts and
for the purpose of complying with the procedures of the Honorable
Court.
AFFIANT FURTHER SAYETH NAUGHT.

TO THE TRUTH OF THE FOREGOING, I have signed this

Counter-Affidavit this 2nd day of January 2016 at Butuan City,
Philippines.

ROSALINDA L. BERMUDEZ
Affiant

SUBSCRIBED and SWORN TO BEFORE ME, this 22 nd day of

January 2016 in the City of Butuan by Rosalinda L. Bermudez with Passport
No. 453729 issued on December 27, 2014 at Butauan City, with an expiration
date of January 3, 2019 and CTC No. 12345. I hereby certify that I have
examined the Affiant and that I am fully satisfied that he has voluntarily

executed and understood the contents of his Complaint-Affidavit.

TAGAPAGLABAN P. MORE
NOTARY PUBLIC for Butuan City
J.C. Aquino Avenue, Butuan City
Commission Serial No. 5637395
Until December 31, 2016
Roll No. 2466;05/27/2013
IBP No. 12314;01/01/16/Butuan City
PTR No. 2342;01/01/16/Butuan City
MCLE Compliance No. V- 011
TIN 155-130-298
CP No. 0999-230-1111
Email add: ipaglabanmo@yahoo.com

Witnesses:
GOLDIE MYRRH NUDALO

NIKKO MENCIDOR

Information

REPUBLIC OF THE PHILIPPINES

SUPREME COURT
REGIONAL TRIAL COURT
10th JUDICIAL REGION
CITY OF BUTUAN, BRANCH 3

THE PEOPLE OF THE

PHILIPPINES,
Plaintiff,
------Versus----ROSALINDA L. BERMUDEZ
Accused.
x----------------------------------------x

CRIM. CASE No. 01-1234

FOR: THEFT

INFORMATION

The Undersigned Assistant City Prosecutor, upon sworn complaint

originally filed by the offended party, accuses ROSALINDA L. BERMUDEZ
of the crime of THEFT, committed as follows:
That on December 26, 2015, around 1 a.m., in the City of Butuan,
Province of Agusan del Norte, Philippines, within the jurisdiction of this
court, the said accused did then and there wilfully, unlawfully and feloniously,
with intent to gain take, steal, and carry away the Blue Acer Aspire Laptop
belonging to one MARIA M. MERCEDES, without the knowledge and
consent of the owner thereof.
CONTRARY TO LAW.
City of Butuan, Philippines, 28th day of January, 2016.

KATA RUNGAN
Assistant City Prosecutor
Butuan City

Witnesses:
Beyonce Knows

Ai See Rivera

BAIL RECOMMENDED:

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was

conducted by me in accordance with law; that I examined the Complainant,
the witness and other documents presented; that there is reasonable ground to
believe that the offense charged had been committed and that the accused is
probably guilty thereof; that the accused was informed of the content of the
Complaint and of the evidence submitted against him, and was given the
opportunity to submit controverting evidence; and that the filing of this
Information is with the prior authority and approval of the City Prosecutor.

KATA RUNGAN
Assistant City Prosecutor
Butuan City
SUBSCRIBED AND SWORN to before me this 28 th day of
January 2016 at Butuan City, Philippines by Atty. Kata Rungan, Assistant
City Prosecutor of Butuan City.

MAGNETO MAN
Judge, Regional Trial Court
Of Butuan City