REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Angeles City, Philippines

HARRY POTTER D. CRUZ NPS Doc. No. ________

Complainant,

-versus- For: THEFT (Art 308, RPC)

RONN WESLEY R. VILLANUEVA

Defendant,
x---------------------------------------------x

COMPLAINT – AFFIDAVIT

I, HARRY POTTER D. CRUZ, of legal age, Filipino and a

resident of No. 02 Maginhawa St., Brgy. Claro M. Recto, Angeles
City, after having been sworn to in accordance with law hereby
depose and state:

1. That am accusing MR. RONN WESLEY R. VILLANUEVA

a resident of No. 87 Purok 3, Brgy. Sta. Monica,
Sasmuan, Pampanga, of THEFT.
2. That on February 5, 2020, I was resting at our office’s
lounge at Texas Instruments Philippines, Clark,
Pampanga, where I eventually slept;

3. That on that same date, when I woke up, I realized that I

had lost my iPhone 6s 128 GB, (herein after referred to
as “Cellular Phone”), which I had placed at the end-side
portion of the double deck bed where I rested and slept;

4. As standard procedure, I verbally reported the incident to

my team manager, and Operations Manager and they
promised to look into it;

5. On February 7, 2020, a friend of mine, MRS. LEILANI R.

VERGARA noticed that our co-worker, RONN WESLEY
R. VILLANUEVA had a new phone which was very similar
to the one I lost;
6. That on February 10, 2020 early in the morning, I
confronted MRS. HERMIONE GRANGER R.
VILLANUEVA, the mother of respondent RONN WESLEY
R. VILLANUEVA, who was also a fellow co-worker about
RONN WESLEY R. VILLANUEVA having possession of a
stolen phone;

7. That on February 10, 2020 around 9:30am in the

morning, RONN WESLEY R. VILLANUEVA went to our
station and brought the phone in his possession;

8. At this juncture, myself, MR. EDGARSON P. DELA

CRUZ, my team leader and RONN WESLEY R.
VILLANUEVA examined the International Mobile
Equipment Identity or IMEI of the cellular phone to check
its identity and verify if its IMEIs matches my lost phone’s
IMEIs which are all indicated in the (1) Warranty Receipt
and (2) Product Box in my possession;

9. Upon checking the phone’s IMEIs, we found out that it

was a complete match;

IMEI1: 355770074116111
IMEI2: 355770074116111

10. When we asked RONN WESLEY R. VILLANUEVA why

he stole my cellular phone, he denied stealing the same,
and argued that he won the said phone in a computer
tournament, furthermore he refused to return the cellular
phone to me;

11. Respondent RONN WESLEY R. VILLANUEVA, despite

my objection, asked us to allow to him to get the box and
show proof that he indeed won the said cellular phone in
a contest, however he never returned nor did he show
proof of his rightful possession of my cellular phone;

12. Later on, he informed me that he had lost the cellular

phone;

THEFT

Art. 308. Who are liable for theft. —

Theft is committed by any person who,
with intent to gain but without violence
against or intimidation of persons nor
force upon things, shall take personal
 property of another without the latter’s
consent.

Theft is likewise committed by:

Any person who, having found lost
property, shall fail to deliver the
same to the local authorities or to its
owner;

13. That attached hereto as Annexes to prove the elements

of the crime of theft:

“A” – Warranty Receipt of the stolen phone indicating the

name of the buyer and its respective IMEIs (International
Mobile Equipment Identity);

“B” – Sworn Affidavit of Team Leader EDGARSON P.

DELA CRUZ dated March 3, 2020, to prove and attest
that the IMEI of cellular phone in possession of RONN
WESLEY R. VILLANUEVA matches the IMEI of the
cellular phone I bought;

“C” – Incident Report dated February 7, 2020 which I sent

to our operations manager to report that a fellow co-
worker saw RONN WESLEY R. VILLANUEVA in
possession of a cellular phone which was very similar to
the one stolen from me;

“D”- Photographs of the stolen phone;

“E” – Photographs of the Product Box, indicating the

IMEIs of my cellular phone, to prove the phones unique
identity.

That I am executing this Complaint-Affidavit for the purpose of

filing the complaint for THEFT against MR. RONN WESLEY R.
VILLANUEVA.

IN WITNESS WHEREOF, I have hereunto set my hand this 05

MAR 2020, in Angeles City, Philippines.

HARRY POTTER D. CRUZ

Complainant/Affiant
 SUBSCRIBED AND SWORN to before me this 05 MAR
2020, in Angeles City, Philippines, affiant exhibiting to me his official
identification, and I hereby certify that I have personally examined the
affiant and that I am satisfied that he fully understood and voluntary
executed them.

Assistant City Prosecutor