Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Las Piñas City

KHALID & ESKADA

SERVICES CENTER INC.,
represented by BASHIR T.
ALIKO, JR.
Complainant,

-versus- NPS Docket No. _______________

For: VIOLATION OF R.A. 10883,
ESTAFA and
FALSIFICATION OF PUBLIC
DOCUMENT

SYLFRED VARGAS
BALATIAN,
Respondent.
x---------------------------------------x
Republic of the Philippines )
) S.S.
City of )

COMPLAINT AFFIDAVIT
I, BASHIR T. ALIKO, JR., of legal age, Filipino, married, with postal
address at 9A A. Bonifacio St., Tuazon Village Subdivision, Street,
Pamplona 1, Las Pinas City, after having been sworn to in accordance with
the law do hereby depose and state:

1. I have been authorized by the board and management of Khalid &

Eskada Service Center, Inc. to initiate, file and prosecute up to the end
this instant complaint for Violation of R.A. 10883, Estafa and
Falsification of Public Document against Sylfred Vargas Balatian
(Sylfred for brevity). As a proof of my authority, I am attaching hereto
a copy of Secretary Certificate as Annex “A.”

2. Khalid & Eskada Service Center, Inc. is an incorporated corporation

organized and existing under the Philippine laws and which office is
located at 9A A. Bonifacio St., Tuazon Village Subdivision, Street,
Pamplona 1, Las Pinas City. A copy of Certificate of Registration is
attached hereto as Annex “B.”

1
3. Respondent Sylfred Vargas Balatian is of legal age, Filipino, single,
with postal address at Pineda Compound, Ayuti, Lucban, Quezon,
where he may be served with subpoena and other processes of this
Honorable Office.

Nature of the Criminal Complaint

4. This is a criminal complaint for Violation of RA 10883, Falsification

of Public Document and Violation of P.D. No. 1612 against Sylfred
Vargas Balatian.

Facts of Case
5. Khalid & Eskada Services Center, Inc. is a corporation engaged in
among others, car rentals services and because of the unavailability of
public transport due to implementation of quarantine, the leasing of
sedan and some sports utility vehicles has become in demand.

6. Among the vehicles that are subject for lease is a color orange Toyota
Vios bearing plate number ABL 9089 registered in the name of Judy
Barrera Alvarez.

7. To prove this, a copy of the Official Receipt and Certificate of

Registration is hereto attached as Annexes “C” and “D.

8. Khalid & Eskada Services Center, Inc. bought the aforementioned

vehicle from Judy Barrera Alvarez.

9. A copy of Deed of Sale of Motor Vehicle is hereto attached as Annex

“E”.

10. On February 10, 2022, I learned from our staff that a certain Sylfred
Vargas Balatian personally went to our office in Pamplona 1, Las
Piñas City for a car lease. Upon presenting valid government issued
identification card, we agreed for the lease of the Toyota Vios bearing
plate number ABL 9089. The lease agreement was executed on
February 10, 2022 with agreed weekly rental of ₱6,600.00.

11.Upon the receipt of the amount of ₱50,000.00 as partial security

deposit, Sylfred used the car and left.

12. A copy of the Acknowledgment Receipt dated February 10, 2022 is

hereto attached as Annex “F”.

2
13. However, on March 11, 2022, Sylfred failed to remit his rental
despite repeated demands and reminder. This prompted us to locate
the location of the said vehicle. Fortunately, the GPS installed on the
vehicle led to the immediate recovery of the same.

14. On March 20, 2022 at around 5:00 o’clock in the afternoon, we were
able to locate the vehicle parked and displayed at the second hand cars
shop display center for sale located at Maharlika Highway, (beside
UNISAN Shopping Center) Dubinan West, Santiago City.

15. Immediately, thereafter, Roseller Basabas Trinidad, collection officer

of Khalid & Eskada Service Center, Inc. appeared and reported at the
Santiago City Police Station for appropriate investigation and action.

16. A copy of the Certification dated March 20, 2022 issued by the
Santiago City Police Station is hereto attached as Annex “G”.

17. On March 21, 2022, the subject vehicle was voluntarily surrendered
by Joseph Elizalde Carreon Galapon, a businessman and owner of
second hand car shop display center.

18.A copy of his Identification Card and Certification dated March 21,
2022 issued by the Santiago City Police Station is hereto attached as
Annexes “H” and “I”, respectively.

19. After the recovery of the vehicle, our collection officer immediately
brought back the vehicle in our office.

Discussion

Applicable Laws

20.In this complaint, Sylfred committed a crime of carnapping when he,

with intent to gain and without the consent of the complainant, took
the vehicle and mortgaged the same to Joseph Elizalde Carreon
Galapon and eventually through the use of falsified documents,
transferred the same via sale or any mode of transfer.

21. In Section 3 of Republic Act No. 10883 or the New Anti-Carnapping

act of 2016 provides:

Section 3. Carnapping; Penalties. - Carnapping is the taking,

with intent to gain, of a motor vehicle belonging to another
without the latter’s consent, or by means of violence against
or intimidation of persons, or by using force upon things.

3
 22. In People of the Philippines v. Lagwat et. Al., People of the
Philippines v. Bustinera, People of the Philippines v. Calabroso,
the Supreme Court enumerated the elements of carnapping as
follows:

a. That there is an actual taking of the vehicle;

b. That the vehicle belongs to a person other than the
offender himself;
c. That the taking is without the consent of the owner
thereof; or that the taking was committed by means
of violence against or intimidation of persons, or by
using force upon things; and
d. That the offender intends to gain from the taking of
the vehicle

23.The Supreme Court has ruled in the case of People of the Philippines
vs. Garcia and Bernabe, G.R. No. 138470, 1 April 2003, that it does
not matter if the person from whom the motor vehicle was taken is not
the owner thereof. What is simply required is that the property taken
does not belong to the offender.

24.Sylfred also committed Estafa when he failed to return the vehicle and
for his failure to pay the amount as agreed for the lease.

25.The elements of the crime of estafa, are: 1) there must be a false

pretense, fraudulent act or fraudulent means; 2) such false pretense,
fraudulent act or fraudulent means must be made or executed prior to
or simultaneously with the commission of the fraud; 3) the offended
party must have relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his money or
property because of the false pretense, fraudulent act, or fraudulent
means; and 4) as a result thereof, the offended party suffered damage.1

26.As a clear from the facts above that Sylfred committed the crime of
Estafa.

27.As such, it is prayed that he may be prosecuted for the same.

28.He also committed a crime of falsification of documents

29.I am executing this affidavit to attest to the truth of the foregoing facts
and for the purpose of filing criminal cases against herein respondent.
1

4
IN WITNESS WHEREOF, I have hereunto affixed my signature on this ___
day of May 2022 in _________________.

BASHIR T. ALIKO, JR.

Complainant

SUBSCRIBED AND SWORN TO before me this _____ day of October

2021, affiant exhibiting his proof of personal identity written under his name
above. I certify further that I have personally examined the affiant and I am
satisfied he voluntarily understood and executed the Complaint-Affidavit.

ADMINISTERING PROSECUTOR