Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
CITY PROSECUTION SERVICE OF MANILA
City of Manila

%EAREAN LOGISTICS SERVICES

Complainant;

-versus- I.S.
For: Qualified Theft

DANDIN TRINIDAD SECRETARIO

Respondent.

x x

COMPLAINT- AFFIDAVIT

Complainant, %EAREAN LOGISTICS SERVICES, an entity

duly established and registered in accordance with the laws of
the Republic of the Philippines and maintains an official place of
business at Room 511, Madrigal Building, Escolta Street, Binondo,
Manila City, through the undersigned counsel, respectfully avers
that;

1. The complainantis engaged in the business of providing

logistics, trucking and other ancillary services to the
public and is duly registered under pertinent laws.
Attached and made an integral part of this complaint-
affidavit is a copy of registration with the Department of
Trade and Industry marked as Annex "A".

2. In the regular course of business of the complainant, the

latter hired the services of Mr. Dandin Trinidad
Secretario, referred hereto as "Respondent", as its
Liaison, Utility and Billing Officer whose primary function
involves the following:submission of documents with
billing details to clients and collection of the same, to
make necessary withdrawals and deposits as instructed,
payment of company bills and the processing of import
related transactions. Attached and made an integral part
of this complaint-affidavit is a copy of the Employment
Contract of the respondent marked as Annex "B".

3. As mentioned above, part of the functions of the

respondent is to withdraw from the complainant´s bank
account upon order of his superiors. In the performance
of

Pa(e ) of *
 the said function, on 10 July 2014, the respondent was
instructed by his superior to make a withdrawal in the
amount of THREE HUNDRED AND TEN THOUSAND PESOS
(Php310,000.00 ) in its Banco De Oro Account bearing the
number 004480048963 and under the name of Elizabeth
G. Bamba. Be it noted that the complainant is using the
account of Elizabeth G. Bamba in the regular course of
its operations for quick transactions and easy
verifications. Attached and made an integral part of this
complaint- affidavit is a copy of the BDO Withdrawal
Slip, marked as Annex "C".

4. After the successful withdrawal of the above-mentioned

amount, the respondent failed to report back to work. On
the same day, inquiries were made as to the latter´s
whereabouts but they all proved to be futile. Fortunately,
one of respondent´s siblings is also employed with the
complainant, the latter, together with the complainant´s
representative went to the residence of the respondent
at B6 L17 Benetton St. Molino Homes 1 Subdivision,
Molino, Bacoor, Cavite City on the same date. However,
the defendant cannot be found in the said address but
earlier in the day respondent left an amount of TWO
HUNDRED THOUSAND PESOS (Php 200,000.00) to his
parents. The complainant was able to recover the said
amount from the respondent´s parents.

5. Subsequently, a report was made to the Barangay

concerning the incident. Attached and made an integral
part of this complaint-affidavit is a copy of the entry in the
Barangay Log Book dated 10 July 2014, marked as Annex
"D".

6. On 11 July 2014, complainant reported the incident and

loss to BDO Dasmariñas St. BinondoBranch, the latter
issued an Affidavit of Loss confirming the said incident.
Attached and made an integral part of this complaint-
affidavit is a copy of the Affidavit of Loss issued by the
said bank, marked as Annex "D".

7. Inquiries were made as to the whereabouts of the

respondent but they all proved to be futile. The
defendant failed and refused, and continues to fail and
refuse to show himself.

8. The Revised Penal Code of the Philippines, under Article

308, laid down the elements of the crime of Simple
Theft, they are as follows 1. That there be taking of
personal property; 2. That the said property belongs to
another; 3. That the taking be done with intent to gain; 4.
That the taking be done without the consent of the
owner; and 5. That the taking be done without the
use of violence

Pa(e + of *
 against or intimidation of persons or force upon things.
(Emphasis supplied)

9. Theft is qualified under Article 310 of the same Code

when the following elements are present: 1. Theft is
committed by a domestic servant; 2. Theft is
committed with grave abuse of confidence ; 3. The
property taken is either a motor vehicle, mail matter or
large cattle; 4. The property consists of coconut taken
from the plantation; 5. The property stolen is fish from
the pond or fishery; and 6. The property was taken on
the occasion of fire, earthquake, typhoon, volcanic
eruption among others. (Emphasis supplied)

10. Given the foregoing, the mere taking of the property of

another with intent to gain constitutes the crime of theft
and when coupled with abuse of trust and confidence
the crime is qualified theft.

11. Here, the fact that the defendant is in a position that

enjoys the confidence of the complainant, his act of
taking the subject amount of money with intent to gain,
qualified his act.

12. Moreover,the recovery of a part of the subject amount

in no way removes the act of the defendant from the
ambit of qualified theft. What is material is the taking
of the property of another with intent to gain and
abuse of confidence. The Supreme Court has held in
the case of Anita Miranda versus the People of the
Philippines1 to wit:

Here, the prosecution was able to prove

beyond reasonable doubt that the amount
of P797,187.85 taken does not belong to
petitioner but to VCCI and that petitioner
took it without VCCI(s consent and with grave
abuse of confidence by taking advantage of
her position as accountant and bookkeeper.
The prosecution(s evidence proved that
petitioner was entrusted with checks payable
to VCCI or Viva by virtue of her position as
accountant and bookkeeper.

13. In addition, in the case of People of the Philippines

versus )uben *ison+ the Supreme Court elucidated on
the peculiarities of the crime of Qualified Theft, to wit:

1G.R. No. 176298, 25 January 2012

2G.R. No. 123183, 19 January 2000

Page 3 of 4
 The crime perpetuated by appellant against
his employer, the Philippine Commercial and lndustrial Bank (PClB), is qualifie

designedto
safeguard,amongothers,the integrityof
telegraphic fund transfers and account names
of bank clients. The management of the PClB
reposed itstrust andconfidenceinthe
appellant as its 0uneta Branch Operation
O2cer, and it was this trust and confidence
which he e3ploited to enrich himself to the damage and pre5udice of PClB in t

18. Accordin#ly the complainant throu#h the undersi#ned

counsel executed this complaint-affidavit for the purpose
of attestin# the truth of the fore#oin# statements and to
char#e the respondent Dandin Trinidad Secretario with
the crime of Theft Dualified by abuse of trust and
confidence under Article 388 and 3)8 of the Revised
&enal Code of the &hilippines respectively.

Pa(e * of *