REPUBLIC OF THE PHILIPPINE

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
TAGUIG CITY

FINMAT INTERNATIONAL RESOURCES, INC.

Complainant,

-vs- IS NO_______________
FOR: QUALIFIED
THEFT

____________________.
Acting through its President,

Respondent.

COMPLAINT AFFIDAVIT
I, ________________________, of legal age, Filipino, with address at 371 Dr.
Sixto Antonio Avenue, Caniogan, Pasig City, after having been duly sworn to in
accordance with law hereby depose and state that:

1. I am the General Manager _____________________ (for brevity) a duly

organized and existing construction corporation under Philippine laws
with the same address stated above. For this purpose, I have been
authorized to represent the company through a board resolution, the
Secretary’s Certificate of the said resolution is herein attached as Annex
“ A”;

2. Responden ________________. (“ for brevity), acting through its Presidnt,

___________, is a duly existing consultancy company under Philippine laws
with office address at 500 Shaw Centrum, Shaw Boulevard,
Mandaluyong City;

3. ____ and ______ entered into a construction contract for the general Fit-
out works (herein referred to as “work 1”) and the hauling of Owner’s
Supplied Materials (OSM) (herein referred to as “work 2”) for the Lica
owned Gravitas Building (the “Project”) located at Mckinley Parkway,
Fort Bonifacio Globl City, Taguig City. Attached herein as Annex “B” is
the Letter Agreement for work 1 and Annex “ C” is the Change Order for
work 2, and are made as integral parts hereof;

4. Based on the said agreements, _____ commenced its works in the Project.
Materials and equipment were placed on site to proceed with the said
works. Attached as Annex “D” is the inventory of these materials and
 pieces of equipment placed and used for the works and Annex “E and
series are the Photographs of these materials on site, all are made as
integral part hereof;

5. Lica however, failed to settle some of its obligations with Finmat, Lica
declined to pay for Finmat’s Progress Billings particularly Progress
Billings Number 2,3 and 4 for work 1 and Progress Billings Number 2
and 3 for work 2. Attached as Annex “F” and series are the unpaid
Progress Billings for work 1 and Annex “G” and series are the Progress
Billings for work 2, all are made as integral part hereof;

6. Due to the failure of Lica to settle its overdue obligations, ____

terminated its contract in accordance with the rules thereof, attached as
Annex “H” is the Termination Letter dated 05 June 2018;

7. As a consequence for this termination, ______ withheld the materials and

equipment of F_____ located on site of the Project. The latter send
demand letters (Annex “I” and series) yet the same remained
unanswered;

8. As to date it is unknown to F____ whether the materials and equipment

are still on the Project site since it has been deprived of the possession
nor reason for withholding the same, other than L____ intent to gain;

9. Based on these facts, F____ files this case for qualified theft for the taking
of the materials and equipment on site with abuse of confidence
reposed by F_____ to L___;

10. Hence, F____ files this case for Qualified Theft in accordance with
Art. 310 in connection with Art. 308 of the Revised Penal Code of the
Philippines, as follows:

“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 latter’s consent

Xxx

Art. 310. Qualified theft. — The crime of theft shall be punished by

the penalties next higher by two degrees than those respectively
specified in the next preceding article, if committed by a domestic
servant, or with grave abuse of confidence, or if the property stolen
is motor vehicle, mail matter or large cattle or consists of coconuts
taken from the premises of the plantation or fish taken from a
fishpond or fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance
 11. With apparent bad faith and intent to gain L____ refused to release
the materials and equipment owned by F____, depriving the latter of the
possession thereof, there having no force nor intimidation but rather in
abuse of the confidence reposed by F_____ to L____ as the Project owner;

12. The undersigned executed this affidavit to attest the truthfulness

of the foregoing facts and to pave way the prosecution of L___ for the
crime of qualified theft.

AFFIANT FURTHER SAYETH NAUGHT

WHEREFORE, I have hereunto set my hand on this ________day of August, 2018

in the City of Taguig.

____________________
-Complainant- Affiant-

SUBSCRIBED AND SWORN to before me this _______day of August. I

hereby certify that I have personally examined the abovenamed Affiant and I
am satisfied that he understood the above Complaint Affidavit and the same is
his own voluntary act and deed.

__________________________________
Public Prosecutor