REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
HALL OF JUSTICE
CITY OF CEBU

AGATA JIMENEZ,
Complainant-Affiant,

- versus - Civil Case No.____

For: Estafa
ARTURITO ROMAN,
Respondent.

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COMPLAINT AFFIDAVIT

I, AGATA JIMENEZ, of legal age, Filipino, single, with

residence and postal address at 212 R. Landon St., Cebu City, after
having been duly sworn to in accordance with law hereby depose and
state that:

1. I am the owner of Burloloy Jewelers, a sole proprietorship

business engaged in the buying and selling of jewelry with
principal address at 1724 F. Ramos St., Cebu City;

2. I am filing this complaint against the Sales Manager of Burloloy

Jewelers, ARTURITO ROMAN, who is of legal age with
residential address at 555 Belgium St., Cebu City, where he
can be served with legal processes for the crime of ESTAFA
WITH UNFAITHFULNESS OR MEANS OF ABUSE OF
CONFIDENCE under Art. 315 of the Revised Penal Code;

3. ARTURITO ROMAN was engaged in the submission and

falsification of the sales and sales reports from JANUARY 2019
to FEBRUARY 2020 together with the misappropriation of the
cash sales of Burloloy Jewelers with principal address located
at 1724 F. Ramos St., Cebu City under the following
circumstances and manner to wit:

3.1 ARTURITO ROMAN was employed by Burloloy

Jewelers in June 2017 as Sales Manager of the
Burloloy Jewelers. Attached and made an integral

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 part of this complaint-affidavit is a copy of the
Employment Contract marked as Annex “A”;

3.2 ARTURITO ROMAN was assigned with

managerial work involving the handling of the
sales of Burloloy Jewelers which also includes the
remittance of the cash sales and submission of
sales reports at the end of each month;

3.3 By the end of FEBRUARY 2020, I received verbal

reports from MONICA GAZTAMBIDE, a Certified
Public Accountant, about the inconsistencies in
the sales reports despite the good sales
performance of Burloloy Jewelers;

3.4 Acting on the Information that I received from

MONICA GAZTAMBIDE, an audit team,
spearheaded by DENVER FERNANDEZ was
formed to conduct a thorough examination of the
actual sales, sales reports and cash remittances
made by ARTURITO ROMAN as sales manager
from January 2019 to February 2020. Attached
and made an integral part of this complaint-
affidavit are copies of the sales reports and cash
remittances evidenced with receipts for the period
of January 2019 to February 2020 as submitted by
ARTURITO ROMAN, marked as Annex “B” and
“C”, respectively;

3.5 Based on the Audit Report submitted by DENVER

FERNANDEZ, which is attached and made an
integral part of this complaint-affidavit and marked
as Annex “D”, the following were the findings to
wit:

A) “Upon further checking by the audit

team of the actual sales and ARUTURITO
ROMAN’S sale reports and cash remittances,
there was a significant difference between the
sales on the sales reports and the actual sales
made as reported by the other employees of
Burloloy Jewelers.

B) That upon checking backwards of the

sales reports for the period of January 2019 to
February 2020, A TOTAL OF ONE THOUSAND
ONE HUNDRED EIGHTY-FIVE (1,185) pieces of

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 jewelry were actually sold, AMOUNTING TO
EIGHTEEN MILLION SIX HUNDRED SEVENTY-
FIVE THOUSAND PESOS (PHP 18,675,000.00)
FROM JANUARY 2019 TO FEBRUARY 2020,
AS OPPOSED TO WHAT WAS WRITTEN IN
THE SALES REPORTS WHICH ONLY
REPORTED A SALE OF NINE HUNDRED
EIGHTY-FIVE (985) PIECES OF JEWELRY
WHICH AMOUNTED TO FIFTEEN MILLION
TWO HUNDRED TWENTY-FIVE THOUSAND
PESOS (PHP 15,225,000.00). A total of THREE
MILLION FOUR HUNDRED FIFTY PESOS (PHP
3,450,000.00) was in discrepancy.

4. On March 2, 2020, I requested ARTURITO ROMAN to explain

in verbal and in writing the discrepancies in the actual sales and
the sales reports he submitted. He readily admitted to me his
wrongdoing which includes the falsification of the sales reports
as well as the misappropriation of the cash sales discrepancy
for his own benefit;

5. Sensing that the management would conduct further

investigations on the matter, ARTURITO ROMAN did not report
for work for three (3) consecutive days after the confrontation. I
sent him a notice to report for work together with the demand
letter prepared by my lawyer;

6. Herein attached and made an integral part of this complaint-

affidavit are the notice of report for work and the demand letter
both dated March 6, 2020 marked as Annex “E” and Annex “F”,
respectively;

7. Even when the notice to report to work and the demand letter
were sent to the last known address of ARTURITO ROMAN, he
failed and continued to refuse to report for work to the damage
and prejudice of Burloloy Jewelers;

8. Despite my efforts in trying to locate him, he could not anymore

be found;

9. The fact that ARTURITO ROMAN is in a position that enjoys

my confidence, his act of falsification of the sales reports as
well as the misappropriation of the cash sales discrepancy for
his own benefit, through abuse of confidence constitutes estafa;

10. ARTURITO ROMAN’s acts of falsifying the sales reports to

conceal the actual sales made by Burloloy Jewelers,

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 misappropriating the undeclared cash sales in the amount of
THREE MILLION FOUR HUNDRED FIFTY THOUSAND
PESOS (PHP 3,450,000.00) submitted to Burloloy Jewelers in
its principal office in Cebu City and by refusing and failing to
pay the same has deprived me and my business, Burloloy
Jewelers of the use and enjoyment of said amount to its
damage and prejudice.

AFFIANT FURTHER SAYS NONE.

IN WITNESS WHEREOF, I have affixed my signature this 20th

day of March 2020 in Cebu City, Philippines.

(Signature)
AGATA JIMENEZ
Complainant-Affiant

SUBSCRIBED AND SWORN to before me, the undersigned

Prosecutor, this 20th day of March 2020 at the Office of the
Prosecutor, Chief Fernan Hall of Justice, Capitol Compound Road,
Cebu City, 6000 Cebu. The affiant exhibiting to me her Driver’s
License No. 782465, issued on 10-24-19 at Cebu City as competent
evidence of identity, and avowed under penalty of law as to the whole
truth of the contents of this complaint-affidavit.

(Signature)
City Prosecutor
IBP No. _____; _____; _____
PTR No. _____; _____; _____
Roll of Attorney’s No. ______
MCLE Exemption No. _____
(Office Address)

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 CERTIFICATION

The undersigned Prosecutor certifies that he personally

examined the COMPLAINANT-AFFIANT, and that I am satisfied that
she voluntarily executed and understood his affidavit.

(Signature)
City Prosecutor
IBP No. _____; _____; _____
PTR No. _____; _____; _____
Roll of Attorney’s No. ______
MCLE Exemption No. _____
(Office Address)

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