REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROSECUTOR
CITY OF MARIKINA

NICO D. STA. INES,

Complainant, NPS No. ___________
FOR: “Qualified Theft” under
-versus- Article 310 of the Revised Penal
Code

MARIA CLARA,
Respondent.

x-----------------------------------x

COMPLAINT AFFIDAVIT

COMES NOW, the undersigned complainant, respectfully avers that:

I, NICO D. STA. INES, of legal age, single, Filipino, and a resident

of 102 Rajah Soliman St., Brgy. Parang, Marikina City, after being sworn in
accordance with law, hereby depose and state:

1. That I am the complainant in this matter and have personal knowledge

of the matters herein referred to;
2. That respondent, MARIA CLARA, is my domestic worker who has
worked for me for more than three (3) years and performs a variety of
household services such as cleaning and household maintenance,
cooking, laundry and ironing, and other household errands. The said
contract of employment is attached hereto as ANNEX “A”;
3. That on October 25, 2023 at around 12:30 pm, when I got home after
buying some groceries in the market, I noticed that the following
items were missing:
a. ASUS Vivobook Go 15 OLED laptop with product serial key
no. 123123123 valued at Php45,000;
b. Samsung Galaxy Z Flip5 with product serial key no.
6523894678 valued at Php72,000;
4. That I am the owner of above-mentioned items which I used
personally for my daily work. This is evidenced with an official
receipt under my name hereto attached as ANNEX “B”;

1
 5. That on the same day, I tried searching for the missing items all over
the house thinking that I might have misplaced them somewhere but
to no avail;
6. That on the same day, I also looked for the respondent as she was the
only person left in the house that day but she was also missing. I tried
contacting her through her cellphone number but to no avail. This is
evidenced by the call logs and text messages I sent to the respondent
hereto attached as ANNEX “C”
7. I tried looking for her in my neighborhood since she was friends with
the other household keepers in my neighborhood but they confirmed
that they did not see the respondent that day. The judicial affidavit is
hereto attached as “Annex D”;
8. That on the same day, upon reviewing the CCTV camera located
inside my room, it was shown that the respondent took and carried
away several of my belongings, including the mentioned laptop and
phone, without my consent and left our house premises at around
11:30 am, and never came back. The said recording and screenshot of
the same is hereto attached as ANNEX “E”;
9. That on the same day, I was constrained to seek legal assistance from
the PNP Maysilo Station, Marikina City which immediately gave their
assistance. A certification of the official police blotter/report is hereto
attached as ANNEX “F”;
10.That the respondent’s act is considered as a crime of qualified theft
punishable under Article 310 in relation to Article 308 of the Revised
Penal Code are as follows: (1) there was a taking of personal property;
(2) the said property belongs to another; (3) the taking was done
without the consent of the owner; (4) the taking was done with intent
to gain; (5) the taking was accomplished without violence or
intimidation against person, or force upon things; and (6) the taking
was done under any of the circumstances enumerated in Article 310 of
the RPC, i.e., with grave abuse of confidence and committed by a
domestic servant;
11.That I am executing this complaint-affidavit to attest to the truth of
my statements; to file a formal complaint of QUALIFIED THEFT
against Respondent MARIA CLARA, my domestic worker, with
intent to gain, did then and there, willfully, unlawfully and feloniously
take, steal and carry away my ASUS Vivobook Go 15 OLED Laptop
and Samsung Galaxy Z Flip5, against and without my consent,
resulting to the loss/damage amounting to ONE HUNDRED
SEVENTEEN THOUSAND PESOS (Php 117,000.00); and for any
legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

29th day of October, 2023 in Marikina City.

2
 SUBSCRIBED AND SWORN to before me this 29th day of October
2023 at Marikina City, Philippines, the affiant exhibiting to me his Driver’s
License with ID no. N02-15-02690 issued on May 28, 2020 at Quezon City.

PRAYER

WHEREFORE, NICO D. STA. INES, the complainant, respectfully

prays that Judgment be rendered AGAINST the respondent, MARIA
CLARA, in violation of Article 310 in relation to Article 308 of the Revised
Penal Code based on the imposable penalties under the same Code with
costs against the respondent.
The complaint further prays for such reliefs and remedies that this
Honorable Court may deem just and equitable.

RESPECTFULLY SUBMITTED.

Marikina City, 29 October 2023.

3
REPUBLIC OF THE PHILIPPINES )
City of Marikina) S.S.

VERIFICATION AND
CERTIFICATION AGAINST FORUM SHOPPING

I, NICO D. STA. INES, of legal age, single, Filipino, and a resident

of 102 Rajah Soliman St., Brgy. Parang, Marikina City, after being sworn in
accordance with law, hereby depose and state:
a. That I am the Complainant in the foregoing case;
b. That I have caused the preparation of the foregoing Complaint
Affidavit;
c. That I have read its content and that the same are true and correct of
my own direct, personal knowledge and based on authentic records;
d. That I have not commenced any other case/action or proceedings
involving the same issues before this office;
e. That if I should thereafter have knowledge that a similar action or
proceedings has been filed or is pending before this office, I
undertake to promptly inform the said offices/agencies of that fact
within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

29th day of October, 2023 in Marikina City.

SUBSCRIBED AND SWORN to before me this 29th day of October

2023 at Marikina City, Philippines, the affiant exhibiting to me his Driver’s
License with ID no. N02-15-02690 issued on May 28, 2020 at Quezon City.

4
Doc. No. 1
Page No. 1
Book No. V
Series of 2023.

COPY FURNISHED:

MARIA CLARA
Respondent
093-A Miguelito St., Brgy. 444, Zone 24,
Sampaloc, Manila City

ATTY. LOREN DELOS SANTOS

Counsel for Respondent
Roll of Attorney No. 93562
IBP No. 12345/5-9-17/Makati City
MCLE Comp. No. IV-4789, 4/5/17
#15 P. Burgos St., Barangay 12, Caloocan City

5
 EXPLANATION FOR SERVICE BY
REGISTERED MAIL

The undersigned city prosecutor caused the service of copies of the

foregoing COMPLAINT-AFFIDAVIT by registered mail upon the
above-stated party. The service and filing of this pleading were done by
registered mail due to time constraints, the distances involved and the lack of
messengerial personnel available to personally serve the same.

6
 ANNEXES

ANNEX “A”

REPUBLIC OF THE PHILIPPINES )

City of Marikina) S.S.

CONTRACT OF EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Employment (“the Contract”) is entered into this 7th of October
2019 at 102 Rajah Soliman St., Brgy. Parang, Marikina City, between:

NICO D. STA. INES, of legal age, single, Filipino, and a resident of 102
Rajah Soliman St., Brgy. Parang, Marikina City, hereinafter referred to as the
“EMPLOYER”

and

MARIA CLARA, of legal age, single, Filipino, and a resident of 093-A

Miguelito St., Brgy. 444, Zone 24, Sampaloc, Manila City, hereinafter referred to
as the “EMPLOYEE.”

WITNESSETH: That –

WHEREAS, the EMPLOYER desires to engage the services of the

EMPLOYEE as a DOMESTIC HELPER at his residence and the EMPLOYEE is
willing to accept, work and extend her services to the EMPLOYER as desired
under the following terms and conditions, to wit:

1. COMPENSATION: The EMPLOYEE shall be paid a monthly salary of

TEN THOUSAND PESOS (Php10,000.00);
2. TERM: The EMPLOYEE shall be hired as such for a period of FIVE (5)
YEARS which shall be renewable upon the mutual consent and agreement
of the parties. Provided, however, that upon the expiration of this contract
any extension of employment granted to the EMPLOYEE shall not be
deemed as automatic renewal and instead should be covered by a separate
contract; Provided, further, that any work extended by the EMPLOYEE
after the expiration of this contract and with the consent of the
EMPLOYER shall be paid PRO RATA;
3. DUTIES AND RESPONSIBILITIES: The Employee shall perform the
duties and responsibilities that her position or job necessarily entails,
a. Meal preparation for the Employer
b. Grocery shopping with the Employer
c. Make beds-entire home.
d. Clean kitchen and empty dishwasher-daily

7
 e. Clean interior windows and mirrors - weekly
f. Clean, dust and vacuum entire house - daily
g. Clean the Employer’s laundry - weekly
h. Clean and play Employee’s dogs and cats
4. HOURS OF WORK: Employee shall render a minimum of eight (8) hours
of work per day and report for work at least six (6) days per week. It is
understood that Employee is being employed with a level of confidence and
degree of responsibility that may further require him to render work beyond
normal hours for which Employee may be justly remunerated.
5. BENEFITS:
a. The EMPLOYER will arrange free medical treatment and attention
in hospital for the duration of illness or accident with full wages for
the first five (5) days. There after wages will cease but medical
treatment and attention will continue, if however, in the opinion of a
qualified medical officer the EMPLOYEE will not be fit for further
service with the EMPLOYER within a reasonable time,
arrangements will be made to repatriate the EMPLOYEE in which
case the Employee will be maintained in hospital until the date of
departure.
b. The EMPLOYEE will be provided with accommodation and food
free of charge. Both parties understand that the EMPLOYEE cannot
be required to remain on the premises after working hours without
compensation;
6. TERMINATION: Either party may pre-terminate this contract,
PROVIDED, that the party concerned shall serve written notice to the other
of his/her intention to terminate the same at least ONE (1) MONTH prior to
the intended termination. PROVIDED, further, that should the
EMPLOYEE desire to terminate this contract he shall surrender any
document or accountability entrusted to him in relation to his employment;
7. MISCELLANEOUS:
a. Vacation. Employee shall be entitled to a total of two (2) weeks annual
paid vacation. Any unused vacation time may not be carried forward from
year to year and be converted to cash;
b. Sick Leave. Employee shall be entitled to Ten (10) days of sick leave
annually, which shall be administered in accordance with Employer’s
standard business practices. Any unused sick leave may not be carried
forward from year to year and be converted to cash;
c. Employee Benefit Plan. Employee shall be entitled to SSS and
PHILHEALTH benefits;
8. All of the clauses of this Agreement are distinct and severable and if any clause
shall be deemed illegal, void or unenforceable, the validity, legality or
enforceability of any other clause or provision of this Contract shall not be
affected;
9. This Contract shall be governed by and construed in accordance with the laws of
the Philippines. Employee hereby consents to the subject matter and personal
jurisdiction of the competent Philippine courts over any action brought by either
Party to enforce this Agreement.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 7th
of October 2019 at Marikina City, Philippines.

8
By: By:

SIGNED IN THE PRESENCE OF:

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

City of Marikina) S.S.

BEFORE ME, A Notary Public for and in the City of Marikina, Philippines,
this 7th day of October 2019 personally came and appeared the following persons
with their respective competent valid identifications, to wit:

NAME COMPETENT ID DATE/PLACE ISSUED

NICO D. STA. INES PRC No. 345 Marikina, July 2019
MARIA CLARA Postal ID Manila, September 2019

All known to me and to me known to be the same persons who executed the
foregoing instrument, a Contract to Lease involving a condominium unit,
consisting of four (4) pages, including this page on which this acknowledgement is
written, signed, by them and their witnesses and sealed with my notarial seal, and
they acknowledged that the same is their own free act and voluntary deed and of
the person represented.

WITNESS MY HAND AND SEAL on the date and place first above
written.

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Doc. No. 2;
Page No. 4;
Book No. 45;
Series of 2023.

10
ANNEX “B”

11
12
ANNEX “C”

13
14
 ANNEX “D”

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROSECUTOR
CITY OF MARIKINA

NICO D. STA. INES,

Complainant, NPS No. ___________
FOR: “Qualified Theft” under
-versus- Article 310 of the Revised Penal
Code

MARIA CLARA,
Respondent.

x-----------------------------------x

JUDICIAL AFFIDAVIT

I, NICO D. STA. INES, 30 years old, single, Filipino, and a resident

of 102 Rajah Soliman St., Brgy. Parang, Marikina City, and the complainant
in the attached complaint-affidavit, after being sworn in accordance with
law, hereby depose and state that:
That I consciously know that I am under oath, and with understanding
that I may face criminal liability for false testimony or perjury. The
statements were taken and recorded based on the examination made by City
Prosecutor Atty. Julius Leonard C. Paredes, of the Office of City
Prosecutor Marikina City. The questions are asked in the English and
Filipino language both of which I speak and fully understand.

PRELIMINARY STATEMENT

The witness executed this Judicial Affidavit in a question and answer

form which shall take its form as his direct examination in compliance
with the Judicial Affidavit Rule issued on 4 September 2012, under
AM. No. 12-8-8SC, to wit:

Direct examination conducted by City Prosecutor Julius Leonard

C. Paredes, of the Office of City Prosecutor Marikina City to the
complainant NICO D. STA. INES on November 2, 2023 10:00
AM at 2F New Hall of Justice Bldg., Sta. Elena, Marikina City.
Witness is being asked in English and answered in the same

15
 language, which is known and understood by her and which she
could fully express her testimony. Thereafter, a copy of the Judicial
Affidavit was served to the witness for her review and signature
and for notarization by a Notary Public in Marikina City.

OFFER OF TESTIMONY

This testimony of Nico D. Sta. Ines is being offered for the following
purposes:

1. To prove that the complainant is the employer of the respondent

and the owner of the alleged missing items;
2. To prove that the respondent is a household worker of the
complainant at the time of the incident;
3. To provide consequential details of what took place when the
complainant discovered that the alleged items were missing.
4. To prove that the respondent was the only person left in the
house during that incident and that she went missing after the
complainant discovered that his alleged items were missing.
5. To testify on other matters in relation thereto.

AND UNDER OATH, AVERS THE FOLLOWING:

The following are the questions propounded by City Prosecutor Paredes that
I have answered in English, which I speak and understand.
1. Q1: Do you swear to tell the truth, the whole truth and nothing
but the truth in this examination?
A1: Yes, I do.
2. Q2: Please state your name and other personal circumstances.
A2: I am Nico D. Sta. Ines, 30 years old, single, Filipino, and a
resident of 102 Rajah Soliman St., Brgy. Parang, Marikina City.
3. Q3: Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
A3: Yes, I do.
4. Q4: What is your relationship with the respondent, Maria Clara?
A4: I have been the employer of the respondent since October 7,
2019. She was my household helper for more than 3 years now.
5. Q5: Do you have any proof of the employer-employee relationship
you have with the respondent?
A5: Yes. I have a 5-year contract of employment by and
between the respondent as the employee, and me, as the

16
 employer. I have attached hereto the said contract.
6. Q6: How is your relationship with the respondent?
A6: We have a close bond. I have already considered her as my “Ate”
for she has already been with me for more than 3 years now. We have
a very good relationship and we have not been in any serious conflict
since the beginning.
7. Q7: Given that, would you say that the respondent can at any time ask
for a leave or even ask for a loan from you?
A7: Yes, Atty. I have been lenient to her since the start of her
employment. She always borrowed money from me when her son
needed some money for his school activities.
8. Q8: Do you have any proof, if any?
A8: No, Atty.
9. Q9: Can you narrate what happened on the day of October 25, 2023?
A9: Yes, Atty. That day, I told her I will be out to do some errands and
do the grocery as well. So I left the house knowing that she will be
alone to look out for the house and my pets while I am out. At around
12:30 pm, I arrived home from my grocery shopping in the market.
Immediately thereafter, I shouted for the respondent to help me
unpack what I bought. I shouted three times but there was no
response. I tried looking for her around the house but to no avail. Then
after a few minutes of unpacking, when I entered my room, I noticed
that the drawer near my bed where I usually put my laptop and
cellphone is open. When I looked at it, my belongings were gone. I
panicked and called the respondent multiple times through her
cellphone number but there was no answer. I even texted her multiple
times but there was also no answer. I have attached here a proof of my
call logs and text messages to her.
10.Q10: What happened after that, if any?
A10: I tried looking for her in the neighborhood since she was friends
with the other household keepers in my neighborhood but they
confirmed that they did not see the respondent that day.
11.Q11: What happened next?
A11: I remembered that I have a CCTV camera located inside my
room. I reviewed the recording that morning and it was shown that the
respondent took and carried away several of my belongings, including
the mentioned laptop and phone, without my consent and left our
house premises at around 11:30 am, and never came back.

17
 12.Q12: Can you enumerate the things that were stolen from you
that day?
A12: It is an ASUS Vivobook Go 15 OLED laptop with product
serial key no. 123123123 valued at Php45,000 and Samsung
Galaxy Z Flip5 with product serial key no. 6523894678 valued
at Php72,000.
13.Q13: What did you do after you watched the CCTV footage?
A13: I went personally to the Maysilo Police Station near my
area to report what happened. I then executed and filed a police
report narrating the same to the police officers at duty that day.
14.Q14: Do you want to add anything else?
A14: I have nothing else to say.
15.Q15: Do you know why you are executing the foregoing sworn
statement in this case?
A15: Yes. I am executing this sworn statement to be adapted as my
direct examination in this case to prove the cause of action for
qualified theft against the respondent in the above entitled case.
16.Q16: Finally, do you affirm to the truthfulness of your statement and
the existence of the documents you presented?
A16: Yes, I do.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

02 November 2023 at Marikina City, Philippines.

SUBSCRIBED AND SWORN to before me in City of Marikina,

November 2, 2023, the affiant exhibiting to me his Driver’s License with ID
no. N02-15-02690 issued on May 28, 2020 at Quezon City

18
Doc. No. 2
Page No. 3
Book No. IV
Series of 2023.

ATTESTATION

I, Julius Leonard C. Paredes, City Prosecutor from the Office of

City Prosecutor Marikina City to the complainant NICO D. STA. INES on
November 2, 2023 10:00 AM at 2F New Hall of Justice Bldg., Sta. Elena,
Marikina City, after being duly sworn depose and say that:
1. I conducted the foregoing examination of complainant-affiant NICO
D. STA. INES;
2. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave;
3. I nor any other person then present or assisting me coached the
witness regarding her answers.

19
 SUBSCRIBED AND SWORN to before me, a Notary Public in
Marikina this 02 November 2023, the. Prosecutor-Affiant personally came
and appeared with his Philippine National Identification No. 1256634-32434
issued at Marikina City on June 19, 2022, as his competent evidence of
identity.

Doc. No. 54;

Page No. 87
Book No. II;
Series of 2023.

COPY FURNISHED:

MARIA CLARA
Respondent
093-A Miguelito St., Brgy. 444, Zone 24,
Sampaloc, Manila City

ATTY. LOREN DELOS SANTOS

Counsel for Respondent
Roll of Attorney No. 93562
IBP No. 12345/5-9-17/Makati City
MCLE Comp. No. IV-4789, 4/5/17
#15 P. Burgos St., Barangay 12, Caloocan City

20
 ANNEX “E”

Kindly click the underlined sentence to view the hyperlink of the CCTV
footage. Annex E_CCTV_footage.mp4

ANNEX “F”

21
 POLICE REPORT
NATURE OF CASE : Qualified Theft Under Article 310 in relation to
Article 308 of the Revised Penal Code

COMPLAINANT/VICTIM : NICO D. STA. INES, 30 yrs. old, single, Filipino, residing

at 102 Rajah Soliman St., Brgy. Parang, Marikina City

DATE/TIME/PLACE : October 25, 2023 at 12:30pm

At the residence of the victim: 102 Rajah Soliman St.,
Brgy. Parang, Marikina City

SUSPECTS : Maria Clara, Filipino, of legal age, residing at

093-A Miguelito St., Brgy. 444, Zone 24, Sampaloc,
Manila City

Maid servant of the victim

STOLEN ITEMS : ASUS Vivobook Go 15 OLED laptop with product serial

key no. 123123123 valued at Php45,000; Samsung
Galaxy Z Flip5 valued at Php72,000;

DATE : October 25, 2023

FACTS OF THE CASE : On or about 6:30 in the afternoon of October 25, 2023, one
NICO D. STA. INES, 30 yrs. old, single, Filipino, residing at 102 Rajah Soliman St., Brgy.
Parang, Marikina City, personally appeared and reported to Maysilo Police Station, Marikina
Police District that more or less 11:30 o'clock in the morning of October 25, 2023, that on the
same day at around 12:30 pm, when the victim got home after buying some groceries in the
market, he noticed that the following items were missing: ASUS Vivobook Go 15 OLED laptop
with product serial key no. 123123123 valued at Php45,000; Samsung Galaxy Z Flip5 valued
at Php72,000. The victim alleged that he is the owner of the above-mentioned items. That on
that day, it was only the suspect who was the only person in his house that day. The said
suspect is the victim’s trusted domestic worker who has worked for him for three (3) years,
That on the same day, upon reviewing the CCTV camera located inside my room, it was
shown that it was the suspect who took and carried away his belongings. Motive of the said
incident is for personal gain. A case for qualified theft is now prepared by Marikina Police
District for filing before the city prosecutor as an inquest case against the suspect Maria Clara.

22
 Summary of Evidence

Evidence Annex # Kind of Evidence Purpose/ Offer

Contract of Annex “A” Documentary To prove the
Employment evidence; Original existence of
evidence employer-employe
e relationship
between the
parties.

To establish that
the respondent is
the domestic
helper of the
complainant.
Sales Invoice Annex “B” Documentary To prove
evidence ownership of the
missing items and
the values thereof.
Pictures of the Annex “B” Electronic To prove
missing items evidence ownership of the
(ASUS Vivobook missing items and
OLED and Samsung the values thereof.
Galaxy Z Flip5)
Screenshot of the Annex “C” Electronic To prove that the
call logs and text document respondent can no
messages made by longer be located
the complainant to after the alleged
the respondent items went
missing.
Judicial Affidavit of Annex “D” Testimonial To provide
the complainant, evidence consequential
Nico D. Sta. Ines details of what
took place when
the complainant
discovered that the
alleged items were
missing.

To prove that the

respondent was
the only person
left in the house

23
 during that
incident and that
she went missing
after the
complainant
discovered that his
alleged items were
missing.
CCTV footage of the Annex “E” Electronic To prove that the
room where the evidence missing items
missing items were were stolen by the
stored respondent
without force and
consent from the
complainant, and
with the intent to
gain therefrom
Police report Annex “F” Documentary To prove the
evidence; original existence of a
evidence police blotter
record before the
PNP recording
that such incident
happened.

To prove that the

complainant
sought help from
law enforcement
officers or
government
agencies.

24