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REPUBLIC OF THE PHILIPPINES )

QUEZON CITY, METRO MANILA ) S.S.


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AFFIDAVIT-COMPLAINT

I, BRYAN VALDERAMA EGUIA, of legal age, Filipino


and a resident of B168 L48 PII Mabuhay City, Mamatid
Cabuyao Laguna, after having been sworn to in accordance
with law hereby depose and state:

1. That am accusing MR. KEVIN RABAGO a resident of


______________ of THEFT.

2. That on January 23, 2017, I was resting at our


offices lounge and eventually slept;

3. That on that same date, when I woke up, I realized


that I had lost my Xperia X-Performance Black
64g, (herein after referred to as Cellular Phone)
phone which I had placed at the end-side portion
of the double deck bed where I rested and slept;

4. As standard procedure, I verbally reported the


incident to my team manager, and Operations
Manager and they promised to look into it;

5. February 7, 2017, a friend of mine, MARY GRACE


JOYA noticed that our co-worker, KEVIN RABAGO
had a new phone which was very similar to the
one I lost;

6. That on February 10, 2017 early in the morning, I


confronted MRS. JEN RABAGO, the mother of
respondent KEVIN RABAGO, who was also a fellow
co-worker about KEVIN RABAGO having possession
of a stolen phone;

7. That on February 10, 2017 around 5:30am in the


morning, KEVIN RABAGO went to our station and
brought the phone in his possession;

8. At this juncture, myself, MR. EDGARSON DELA


CRUZ, my team leader and KEVIN RABAGO
examined the IMEI of the cellular phone to check
its identity and verify if its IMEIs matches my lost
phones IMEIs which are all indicated in the (1)
Warranty Receipt and (2) Product Box in my
possession;

9. Upon checking the phones IMEIs, we found out


that it was a complete match;

IMEI1: 358096072063585
IMEI2: 358096072063593

10. When we asked KEVIN RABAGO why he stole my


cellular phone, he denied stealing the same, and
argued that he won the said phone in a computer
tournament, furthermore he refused to return the
cellular phone to me;

11. Respondent KEVIN RABAGO, despite my objection,


asked us to allow to him to get the box and show
proof that he indeed won the said cellular phone in
a contest, however he never returned nor did he
show proof of his rightful possession of my cellular
phone;

12. Later on, he informed me that he had lost the


cellular phone;

THEFT

Art. 308. Who are liable for theft. 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.

Theft is likewise committed by:


Any person who, having found lost property,
shall fail to deliver the same to the local
authorities or to its owner;

13. That attached hereto as Annexes to prove the


elements of the crime of theft:

A Warranty Receipt of the stolen phone


indicating the name of the buyer and its
respective IMEIs (International Mobile Equipment
Identity);1

B Sworn Affidavit of Team Leader EDGARSON


DELA CRUZ, to prove and attest that the IMEI of
cellular phone in possession of KEVIN RABAGO
matches the IMEI of the cellular phone I bought;

C -Signed statement of EDGARSON DELA CRUZ


dated March 29, 2017;

D Incident Report dated February 6, 2017


which I sent to our operations manager to report
that a fellow co-worker saw KEVIN RABAGO in
possession of a cellular phone which was very
similar to the one stolen from me;

E- Photographs of the stolen phone;

F Photographs of the Product Box, indicating


the IMEIs of my cellular phone, to prove the
phones unique identity.

That I am executing this Complaint-Affidavit for the


purpose of filing the complaint for THEFT against MR.
KEVIN RABAGO.

IN WITNESS WHEREOF, I have hereunto set my hand


this ____day of April 2017, in Quezon City, Philippines.

BRYAN VALDERAMA
EGUIA
Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this _____ day


of April, 2017, in Pasig City, Philippines, and hereby certify
that I have personally examined the Affiant and I am

1 A standard IMEI number is a 14 digit decimal string accompanied by an additional check number. The
purpose of an IMEI goes beyond simple identification and the number can be used to block devices from
accessing the cellular network. If your phone is stolen and you notify your service provider, they will block
the device from their network and in some regions other networks too. Police often keep a record of stolen
phones and use IMEI numbers as identification. What is in my Phones IMEI and What is it for? available
at http://www.makeuseof.com/tag/phones-imei-makeuseof-explains
satisfied that he voluntarily executed and understood his
complaint affidavit

Assistant City Prosecutor