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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


Fifth Judicial Region
Branch 1
Sorsogon City

JANDHEL G. BONOS,
Plaintiff,
CIVIL CASE:
-versus- For: Theft

ERNESTO B. GO,
Defendant

AFFIDAVIT-COMPLAINT

I, JANDHEL G. BONOS, of legal age, Filipino and a resident of


Brgy. Piot, Sorsogon City, after having been sworn to in accordance
with law hereby depose and state:

1. That am accusing MR. ERNESTO B. GO a resident of OLV


Pangpang Sorsogon City of THEFT.

2. That on January 23, 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 Xperia X-Performance Black 64g, (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;

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5. February 7, 2020, a friend of mine, JOYCE ANDREA
LLANTO noticed that our co-worker, ERNESTO B. GO 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. “JEN” GO, the mother of respondent
ERNESTO B. GO, who was also a fellow co-worker about
ERNESTO B. GO having possession of a stolen phone;
7. That on February 10, 2020 around 5:30am in the
morning, ERNESTO B. GO went to our station and
brought the phone in his possession;
8. At this juncture, myself, MR. EDGARSON DELA CRUZ, my
team leader and ERNESTO B. GO 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;
9. Upon checking the phone’s IMEIs, we found out that it
was a complete match;
IMEI1: 358096072063585
IMEI2: 358096072063593
10. When we asked ERNESTO B. GO 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 ERNESTO B. GO, 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

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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);1
“B” – Sworn Affidavit of Team Leader EDGARSON DELA
CRUZ, to prove and attest that the IMEI of cellular phone
in possession of ERNESTO B. GOmatches the IMEI of the
cellular phone I bought;
“C” - Signed statement of EDGARSON DELA CRUZ dated
March 29, 2020;
“D” – Incident Report dated February 6, 2020 which I
sent to our operations manager to report that a fellow co-
worker saw ERNESTO B. GOin possession of a cellular
phone which was very similar to the one stolen from me;
“E”- Photographs of the stolen phone;
“F” – 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. ERNESTO B. GO.

1
A standard IMEI number is a 14 digit decimal string accompanied by an additional check number. The
purpose of an IMEI goes beyond simple identification and the number can be used to block devices from
accessing the cellular network. If your phone is stolen and you notify your service provider, they will block
the device from their network and in some regions other networks too. Police often keep a record of stolen
phones and use IMEI numbers as identification. What is in my Phone’s IMEI and What is it for? available
at http://www.makeuseof.com/tag/phones-imei-makeuseof-explains

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IN WITNESS WHEREOF, I have hereunto set my hand this
____day of April 2020, in Quezon City, Philippines.

JANDHEL G. BONOS
Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this 23rd day of April,


2020, in Sorsogon City , Philippines, and hereby certify that I have
personally examined the Affiant and I am satisfied that he voluntarily
executed and understood his complaint affidavit

NATHANIEL A. BANARES
Notary Public
Burabod, Sorsogon City
Rolle of Attorneys No. 123456
IBP No. 1020333; 1-14-21
PTR No. 1021483; 1-28-21
MCLE V Compliance No. 001293

Doc No. 1457


Page No. 39
Book No. XXXI
Series of 2020

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VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, JANDHEL G. BONOS , Filipino, of legal age, married, with


residence and postal address at Brgy. Piot, Sorsogon City, is the
plaintiff in the above-entitled case;

That I have caused the preparation of the foregoing Complaint;

That the allegations in the said complaint are true and correct
of my own knowledge and belief;

That I have not commenced any other action or proceeding


involving the same issues in the Supreme Court, the Court of
Appeals, or different Divisions thereof, or any other tribunal or
agency;

That if I should thereafter learn that a similar action or


proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals, or different Divisions thereof, or any other
tribunal or agency, I hereby undertake to notify this Honorable Court
within five (5) days from such notice;

That I have executed this verification/certification to attest the


truth of the foregoing facts.

IN WITNESS WHEREOF, I have hereunto set my hand this


20th day of April 2020 at Sorsogon City, Philippines.

5
JANDHEL G. BONOS
Complainant/Plaintiff
ID NO. 0933-829-4353

SUBSCRIBED AND SWORN to before me this 20th day of


April 2020 at Sorsogon City, Philippines.

NATHANIEL A. BANARES
Notary Public
Burabod, Sorsogon City
Rolle of Attorneys No. 123456
IBP No. 1020333; 1-14-21
PTR No. 1021483; 1-28-21
MCLE V Compliance No. 001293

Doc No. 1457


Page No. 39
Book No. XXXI
Series of 2020

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