Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City

VOROBY INC. represented by

HAIDE Q. MADRID,
Complainant

NPS Docket No.

- versus- XV-03-INV-19E-04017
For: Qualified Theft/Theft
Under Art. 308 and 310 of
the
Revised Penal Code

GRACE D. NACIONAL
Respondent.
X ------------------------------------------------------ X

RESOLUTION

Complainant alleged that respondent Grace D. Nacional collected the

various account receivables from VOROBY INC. clients namely Sweet
Fields, FMD Chocolates, Sweet ni Bes, Josephine Red and Marcus Co.
amounting to P 20,638.00, P 20,000.00, P 38,535.00, P 141,948.00 and
P 98,007.00 and P 15,264.00 respectively. That on February 4, 2009,
Respondent delivered Complainant’s goods to the Complainant’s client,
Sweet Fields Enterprise as evidenced by Delivery Receipt No. 0078. On the
same day, Respondent signed and issued a cash voucher showing that the
amount of P 20,638.00 had already been paid. However, Respondent failed
to account for and did not report or return the P 20,638.00 amount to the
Complainant, and instead took the money for herself as stated in Annexes
“K” and “L” respectively. Likewise, on December 14, 2018, Respondent
made a delivery to Complainant’s client FMD Chocolates in Gateway Mall,
Cubao, Quezon City as evidenced by Delivery Receipt No. 0177 for the
amount of P 122,400.00. FMD Chocolates already paid the cash amount of
P 20,000.00 to respondent but the respondent did not report the amount to
the Complainant and instead took the money for herself. And also on
February 11, 2019, respondent delivered Complainant’s goods to
Complainant’s client, Sweet ni Bes, in Las Pinas City as evidenced by
Delivery Receipt No. 0191 for the total amount of P 77,000.00 and
subsequently, Sweet ni Bes already paid the cash amount of P 38,535.00 to
respondent but respondent neither reported nor surrendered the said amount
to Complainant, and instead took the money for herself. And on October 9,
2018, respondent delivered Complainant’s goods to Complainant’s client,
Ms. Josephine Red, in Quezon City as evidenced in Delivery Receipt No.
0112 for the total amount of P 141,948.00. On the same day, Ms. Red paid
to the respondent the amount P 70,974.00 in cash representing half of the
amount due and again, respondent neither reported, nor surrendered the said
cash payment to the Complainant, and instead took the money for herself.
And on December 13, 2018, respondent delivered Complainant’s goods to
Complainant’s client, Marcus and Co., in Commonwealth, Quezon City as
evidenced by Delivery Receipt No. 1052 for the total amount of P
98,007.00 and subsequently received partial payment on January 18, 2019
amounting to P 20,000.00, February 3, 2019 amounting to 50,000.00 and
February 15, 2019 amounting to 28,007.00 as a full payment duly signed
and received by one Mr. Emman Rey Sanchez, niece of the respondent. And
again, respondent did not report or surrender the amounts to the
Complainant, and instead took the money for herself. And lastly, on January
18, 2019, respondent again delivered Complainant’s goods to Complainant’s
client, Marcus and Co., in Commonwealth, Quezon City as evidenced by
Delivery Receipt No. 0171 for the total amount of P 15,264.00. On February
15, 2019, client made fully paid the said amount to respondent and again
respondent neither reported nor surrender said amount to Complainant, and
instead took the money for herself.
In all of these instances, Respondent made use and took advantage of
her position as Sales Representative to take and receive payments from the
Complainant’s clients in the total amount of Three Hundred Thirty-Four
Three hundred Ninety-Two pesos ( P 334,392.00 ), which payments are for
the client’s purchase of Complainant’s goods. With respondent having failed
to surrender, account and report these payment collections to the
Complainant, indeed, these amounts remained outstanding as receivables in
the Complainant’s books, while the respondent had already taken the money
for herself and own gain.
In all of the foregoing allegation, it is supported by the following
evidenced as stated and showed in various Annexes like Annexes “K”, “L”,
“M”,”N”, “O”, “P”, “Q”, “R”,”S” and “T”.
Respondent held the position of Sales Representative which functions
and position entail a high degree of confidence reposed by Complainant as
she had access to funds collectible from clients. This high degree of trust and
confidence was gravely abused by Respondent when she failed to account
for and remit the sums of money she collected.
Despite verbal and repeated demands to explain, account for and/or
pay the transactions, Respondents continuous to refuse to respond and/or
settle her obligation. And notwithstanding repeated subpoena, Respondent
was failed to attend.
In view thereof, it is most respectfully recommended that herein
Information for violation of Qualified Theft under Art. 310 of the Revised
Penal Code against Grace D. national be approved and filed in court.

Quezon City, Philippines, January 7, 2020.

 DOROTHY J. ALARCIO- PADILLA
Senior Assistant City Prosecutor

RECOMMENDING APPROVAL:

ROLANDO G. RAMIREZ
Senior Assistant City Prosecutor
Chief, Division V

APPROVED BY AUTHORITY
OF THE CITY PROSECUTOR:

VESTA VICTORIA GINER-VILLAMOR

Deputy City Prosecutor

Copy Furnished:
 Grace D. National – 32 Republic Avenue, Brgz. Holy Spirit, Quezon City
 TIONGCO SIAO BELLO & ASSOCIATES LAW OFFICES ( Counsel for
Complainant) – Unit 2104-2105, Robinson’s Equitable Tower, 4 ADB
Avenue, Ortigas Center, 1605 Pasig City, Metro Manila