Sample Complaint Affidavit for Estafa Case

REPUBLIC OF THE PHILIPPINES) CITY OF MUNTINLUPA ) S.S. AFFIDAVIT-COMPLAINT I, IMELDA C. DIAZ, of legal age, Filipino, married with business address at 25 Madrigal Avenue, Alabang, Muntinlupa City depose and state that: 1.

I am the Manager and duly authorized representative of Justeas Milk Tea Corporation, or “Justeas” for brevity, a corporation duly organized and existing under the Philippine laws, with principal address at 25 Madrigal Avenue, Alabang, Muntinlupa City;

2.

After having duly sworn to in accordance with law, I do hereby accuse PACITA L. CAJAYON, cashier of Justeas Tea Shop, Alabang Branch, of legal age with residential address at 83 Ocampo St. Las Pinas City, where she can be served with legal processes of the crime of ESTAFA BY MEANS OF ABUSE OF CONFIDENCE under the Revised Penal Code;

3.

The submission and falsification of the sales and sales reports from August 2015 to FEBRUARY 2016 was committed in Muntinlupa City together with the misappropriation of the cash sales of Justeas products was committed by the respondent in the following manner to wit: 3.1

I am the Branch Manager of Justeas Milk Tea Corporation since 2010;

3.2

PACITA L. CAJAYON was employed by Justeas in June 2014 as cashier at the Justeas Tea Shop Alabang branch;

3.3

Respondent was assigned with cashier work at said branch together with the remittance of the sales and submission of sales reports at the end of each week;

3.4

On DECEMBER 2015, I received verbal reports from MARIO G. PINEDA, Branch Accountant about the inconsistencies in the sales report despite the good sales performance of the Alabang branch;

3.5

Acting on the Information that I received from MARIO G. PINEDA, an audit team spearheaded by MARIO G. PINEDA was formed to conduct a thorough examination of the sales and sales report

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made of respondent as branch cashier from June 2014 to February 2016; 3.6

Based on the Audit Report submitted by MARIO G. PINEDA, the following were the findings to wit: A) “Upon further checking by the undersigned (MARIO G. PINEDA) of PACITA L. CAJAYON’S sales and sale reports, there was a significant difference between the sales on the sales reports and the actual sales made as reported by the other employees of the Justeas Tea Shop. Also noted on F. Magallanes trip tickets were the absence of products sold, which should have been stated in the sales reports. B) That upon checking backwards of the Alabang branch sales reports, A TOTAL OF 5,042 cups of Milk Teas were sold, AMOUNTING TO PHP 478,990 FROM AUGUST 2015 TO FEBRUARY 2009, AS OPPOSED TO WHAT WAS WRITTEN IN THE SALES REPORTS WHICH ONLY REPORTED A SALE OF 3,100 CUPS WHICH AMOUNTED TO PHP 294,500. A total of P184,490 was in discrepancy.

4.

On 4 March 2016, I requested respondent to explain in writing the discrepancies in the actual sales and the sales reports submitted. Respondent readily admitted to me her wrongdoing.

5.

Sensing that the management would conduct further investigations on the matter, respondent did not report for work for three day after the confrontation. I sent her a notice to report for work together with a demand letter sent by the company lawyer. Respondent stopped reporting to work after the letters were sent to her. Despite the corporation’s efforts in trying to locate respondent, she could not be found anymore.

6.

Even when the notice to report to work and the demand letter sent to the last known address of respondent, she failed and continued to refuse to report for work to the damage and prejudice of Justeas.

7.

Respondent’s acts of falsifying the sales reports to conceal the actual sales made by Justeas Tea Shop Alabang branch by respondent and misappropriating the undeclared cash sales in the amount of ONE HUNDRED AND EIGHTY FOUR THOUSAND FOUR HUNDRED NINETY PESOS (P184, 490.00) submitted to

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Justeas Milk Tea Corporation in its principal office in Muntinlupa City and by refusing and failing to pay the same has deprived Justeas of the use and enjoyment of said amount to its damage and prejudice. AFFIANTS FURTHER SAY NONE.

IMELDA C. DIAZ

Affiant SUBSCRIBED AND SWORN to before me this ______ day of December 2009 at Valenzuela City.

___________________________ Assistant City Prosecutor CERTIFICATION I HEREBY CERTIFY that I have personally examined the affiantcomplainant and that I am satisfied that he voluntarily executed and understood his Complaint-Affidavit.

___________________________ Assistant City Prosecutor