Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
City of Davao

GON FREECSS
Complainant,

-versus- I.S. No. 222456

For: Qualified Theft
JOKER DELA CRUZ

Respondent.
x ----------------------------------------------------x

COMPLAINT-AFFIDAVIT

I, GON FREECSS, Filipino, married, of legal age, and with residence

address at Blk. 14 lot 3 Honesty Road, NHA Buhangin, Davao City, after
having been duly sworn in accordance with law, do hereby depose and
state that:

1. Respondent is a Filipino, single, of legal age, and with

residence address at Purok 10 Tigatto, Davao City, where he may be
served with the notices, orders, and processes of this Honorable Office.

2. Respondent is employed at my house as domestic servant

since up to the time of the incident complained of. As such employee,
respondent has access to my family car.

3. On March 16, 2021, at around 2 am, Respondent, with intent

to gain and with grave abuse of discretion, without using force or
violence, willfully took possession of my family car, without my
knowledge or consent, and against my will.

4. The Supreme Court, in the case of People vs. Puig and

Porras (G.R. Nos. 173654-765, August 28, 2008) discussed the
elements of the crime of Qualified Theft thus:

“Qualified Theft, as defined and punished under Article

310 of the Revised Penal Code, is committed as follows,
viz:

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 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 a plantation, 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.
(Emphasis supplied.)

Theft, as defined in Article 308 of the Revised Penal

Code, requires the physical taking of another’s
property without violence or intimidation against
persons or force upon things.
The elements of the crime under this Article are:
1. Intent to gain;
2. Unlawful taking;
3. Personal property belonging to another;
4. Absence of violence or intimidation against persons
or force upon things.

To fall under the crime of Qualified Theft, the

following elements must concur:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owner’s consent;
5. That it be accomplished without the use of
violence or intimidation against persons, nor of
force upon things;
6. That it be done with grave abuse of confidence.”
(Emphasis supplied)

5. All of the above elements of Qualified Theft are present in this

case. Hence, Respondent should be held criminally liable for Qualified
Theft.

5.1 Respondent took my family car.

5.2 The said vehicle that the Respondent took belongs to my

family.

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 5.3 The taking of the property was with intent to gain which
the respondent used it for road trips with four (4) of his
friends for personal benefit.

5.4 The taking was done without my consent.

5.5 The taking was accomplished without violence or

intimidation against person or force upon things.

5.6 The taking was done with grave abuse of confidence,

provided that the Respondent contended that he willfully
returned the car at 6 am after the act to avoid criminal
liability.

6. I am executing this Complaint-Affidavit to attest to the truth

of all the foregoing and to cause the prosecution of the Respondent for
violation of Article 308 in relation to Article 310 of the Revised Penal
Code, as amended.

FURTHER AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I sign hereunder on this

______________________ at ______________ City.

GON FREECSS
Affiant

CERTIFICATION

SUBSCRIBED AND SWORN before me on this ______________________ at

______________ City. I hereby certify that I have personally examined the
complaint and that I am convinced that the foregoing is her true and
voluntary act and deed.

ADMINISTERING PROSECUTOR

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 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public for
the City of Davao, this ______ day of ________________ at __________________,
complainant exhibiting to me his _______________________ issued on
_________________ at ___________________, bearing his photograph and
signature.

The undersigned Notary Public certifies that he personally

examined the affiant and that he is satisfied that he voluntarily
executed and understood his complaint-affidavit.

Notary Public

Doc. No. ____;

Page No. ____;
Book No. _____;
Series of 20____.