Republic of the Philippines )

City of Antipolo, Rizal ) s.s.

COMPLAINT-AFFIDAVIT

I, JAIME CAYETANO R. PINUGU, of legal age, Filipino, with assistance of

counsel, and resident of BL1 LOT12 Alpine County, Brgy. San Roque, Antipolo
City, do hereby state under oath that:

1. I am accusing MR. DAVID AGUSTIN a resident of B8 L10 Sumulong

Highway, Emerald Hills Subdivision, Antipolo City Rizal of THEFT.

2. That on June 10, 2020, I was resting at our office’s lounge and eventually
slept;

3. That on that same date, when I woke up, I realized that I had lost my
Samsung S7 Black, (herein after referred to as “Cellular Phone”) 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. June 20, 2020, a friend of mine, JOY APOSTOL noticed that our co-worker,
DAVID AGUSTIN had a new phone which was very similar to the one I lost;

6. That on June 23, 2020 around 7:00 am, DAVID AGUSTIN went to our
station and brought the phone in his possession;

7. At this juncture, myself, MR. RALPH ABALOS, my team leader and DAVID
AGUSTIN examined the 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;

8. Upon checking the phone’s IMEIs, we found out that it was a complete
match;

IMEI1: 562478236578954
IMEI2: 562478236578954

9. When we asked DAVID AGUSTIN 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;

10. Respondent DAVID AGUSTIN, despite my objection, asked us to allow 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;

11. 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 lost property, shall fail to deliver the same to
the local authorities or to its owner;

12. 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 RALPH ABALOS, to prove and attest
that the IMEI of cellular phone in possession of DAVID AGUSTIN matches
the IMEI of the cellular phone I bought;1

“C” – Signed statement of RALPH ABALOS dated July 1, 2020;

“D” – Incident Report dated June 20, 2020 which I sent to our operations
manager to report that a fellow co-worker saw DAVID AGUSTIN in
possession of a cellular phone which was very similar to the one stolen from
me;

“E” – Photographs of the stolen phone;

1
IMEI stands for “International Mobile Equipment Identity”. IMEI is a number which is unique and is used
to identify mobile phones. It is generally printed on the battery compartment of the phone. GSM network
uses IMEI number to identify valid devices. So, it can be used for stopping a stolen phone from accessing
that network. The device can be identified by using IMEI number. IMEI has no permanent relation to the
subscriber. The subscriber is identified by the IMEI number stored on a SIM card. How to Track Lost
Phone Using IMEI Number available at https://www.techdim.com/how-to-track-lost-phone-using-imei-
number/
 “F” – Photographs of the Product Box, indicating the IMEIs of my cellular
phone, to prove the phone’s unique identity.

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

complaint for THEFT against Mr. DAVID AGUSTIN.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of July 2020,
Antipolo City, Philippines.

JAIME CAYETANO R. PINUGU

Compainant/Affiant

SUBSCRIBED AND SWORN to before me this ___ day of July 2020, I hereby
certify that I have personally examined the Affiant and that I am fully convinced that he
voluntarily executed the foregoing Complaint-Affidavit and that he has read and
understood the contents thereof.

Assistant City Prosecutor