Republic of the Philippines

Department of Justice
CITY PROSECUTION OFFICE
City of Davao

JENSENT OBERA Docket No: 21-6732

Complainant,

-versus- For: Violation of Theft Art.

308 of the Revised Penal Code

BOMAR IAN CAYABYAB

Respondent,

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COMPLAINT – AFFIDAVIT

I, JENSENT OBERA, of legal age, Filipino, and a resident of Km. 25 Purok 9

Bunawan Proper, Davao City, after having been duly sworn in accordance with
law, hereby depose and state that:

1. I am the same person who is the complainant in the instant case;

2. The respondent, Bomar Ian Cayabyab, 21 years old and a resident of

inabangga, Bunawan Davao City, and I were friends since high school;

3. On September 24, 2023, I was invited by my friends to play basketball at

the barangay Bunawan Davao city Gymnasium. I usually put my iPhone 14
pro max inside my bag on the side of the court whenever playing
basketball;

4. On the same date at about 3:00 pm, I saw the respondent watching our
game who was the only person beside my bag while I was on the court, and
the game was about to end when he left the area. When our first game
ended, I noticed that my phone was not inside my bag;

5. I immediately reported it to the police station, which is just beside the court
to check the CCTV cameras. The respondent was captured on the footage
opening my bag then putting something inside his pocket, which I assume
was my iPhone;

6. Due to the incident I lost my phone, which is valuable to me, as it contains

important informations;

7. I am executing this Complaint-Affidavit to file a case of theft defined under

article 308 of the revised Penal Code against Bomar Ian Cayabyab.
 IN WITNESS WHEREOF, I have hereunto set my hand this September 26 at
Lanang, Davao City, City Prosecution, Philippines.

JENSENT OBERA
Complaint-Affiant

OATH AND CERTIFICATION

SUBSCRIBED AND SWORN to before me, the undersigned prosecutor,

this 26th day of September, 2023 In the City of Davao.

I hereby certify that I have personally examined the affiant and that I am
convinced that she voluntarily executed the foregoing affidavit and that he
underwood the contents thereof.

ATTY. CHARLES NELSON PEREZ

City Prosecutor

Doc. No._143__
Page No._2__
Book No._16__
Series of: 2023