REPUBLIC OF THE PHILIPPINES

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROSECUTOR
Hall of Justice
Cebu City

Len-len Rodrigo
Complainant

-versus- N.P.S No: _________

For: QUALIFIED THEFT

Macky Markson Jr.,

Respondent.
x-----------------------x

Office of the City Prosecutor

Palace of Justice
Cebu City

Greetings!

The undersigned lodges a criminal complaint against MACKY

MARKSON JR. for Qualified Theft under Article 310 in relation to Article
308 of the Revised Penal Code, which states to wit:

“Article 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. xxx

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 Article 310. Qualified Theft. - The crime of theft shall be punished
by the penalties next higher by two degrees than those respectively
specified in the next preceding articles, if committed by a domestic
servant, or with grave abuse of confidence, or if the property stolen is
motor vehicle, mail matter or large cattle or consists of coconuts taken
from the premises of the plantation or fish taken from a fishpond or
fishery, or if the property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular accident or
civil disturbance.”

Attached hereto is the Judicial Affidavit of Complainant LEN-LEN

RODRIGO and all pertinent documents related to the criminal case.

February 15, 2022. Cebu City, Philippines.

ATTY. Michel Dioknow (Sgd.)

Counsel for the Complainant
Roll of Attorney No. 202478
PTR No. 1231031, January 3, 2021
IBP No. 87268, January 3, 2021
MCLE Compliance No. 001234, March 3,
2020
E-mail: mdioknow@gmail.com
Mobile No: 0914488552

At my instance:

LEN-LEN RODRIGO (Sgd.)

Complainant
Republic of the Philippines)
City of Cebu ) S.S.
x-----------------------------------/

JUDICIAL AFFIDAVIT OF LEN-LEN RODRIGO

The PRIVATE COMPLAINANT, before the Honorable Office

of the City Prosecutor of Cebu City, Philippines most respectfully
submits this Judicial Affidavit of Len-len Rodrigo to substantiate
the charge for the crime of Qualified Theft under Article 310 in
relation to Article 308 of the Revised Penal Code against MACKY
MARKSON JR.Y, to wit:

I, LEN-LEN RODRIGO, of legal age, single, and residing at

3/15 Soho Residences, Echavez Ext.,Cebu City, after having been
sworn to in accordance with the law do hereby depose and state
that:

This Complaint-Affidavit was conducted and supervised by

Atty. Michel Dioknow with office at 203 Spianada Heights Ramos
St., Cebu City.

PURPOSES OF THE TESTIMONY

The testimony of the private complainant is offered to prove

the following, to wit:

1. The identity and personal circumstances of the private

complainant and the respondent;

2. The respondent was staying in 3/15 Soho Residences,

Echavez Ext.,Cebu City at the time of the theft and he was
the only one with access to the stolen items;
3. The existence of the missing items and that it was owned by
the complainant;

4. The respondent took the items with intent to gain and without
the permission of the complainant in grave abuse of the
confidence entrusted to him; and

5. To prove other matters relevant to the case and identify the

evidence in the course of the testimony.

DIRECT EXAMINATION

1. Q:Do you swear to tell the truth and nothing but the
truth?
A: I do.

2. Q: Are you aware that you may face criminal liability for
false testimony or perjury if you will not tell the truth?
A: I am.

3. Q: Please state your name, age, address, and

occupation.
A: My name Len-len Rodrigo, 28 years old and I am residing
at 3/15 Soho Residences, Echavez Ext.,Cebu City. I am
currently employed at WordlRemit Philippines.

4. Q: Are you the same Tom Marti who is the private

complainant for Qualified Theft against the respondent
Johnny Boy?
A: Yes, Atty.

5. Q: What is the purpose of your testimony?

 A: To prove that Macky Markson Jr. stole valuable items
from me in grave abuse of the trust and confidence I
entrusted in him.

6. Q: How do you know the respondent Macky Markson

Jr.?
A: We were colleagues when we were still in college. He
used to be in a relationship with one of my closest friends
back then so we eventually befriended each other, too. He
also eventually became one of my husband’s closest friends
whom he had met during college also. One day, he came
knocking at our front door asking us to help him. Apparently,
he was kicked out of the apartment he was renting.

7. Q: Did the respondent tell you why he was kicked out of

his apartment?
A: He told me he had not been able to pay his landlord his
monthly payment for 3 consecutive months so he was kicked
out. Since my husband and I consider him as a good friend,
we took him in and allowed him to stay.

8. Q: Do you remember what transpired between you and

the accused on September 7, 2021?
A: Yes. On that day, I took my kids to school as usual.
Before my kids and I left the house, I noticed that he was just
in plain home clothes. I asked him if he was going anywhere
at all. He said he intended to stay ast home since he is not
feelng well from what happened the other night.

9. Q: Did you notice anything unusual with him on that

day?
A: Yes, he looked quite nervous that morning but since he
said he was not feeling well, I did not take it as something to
be worried about. I left the house with my kids and he was
left home alone.

10. Q: What happened next?

 A: I came home around 5 pm with my kids. I normally come
back home during lunch but since I had some errands that
day, I went straight to my kids’ school and picked them up.
When we arrived, Macky was not there anymore.

11. Q: Did he inform you that he was leaving on that

day?
A: No, he did not. He did not leave any note nor texted me
or my husband.

12. Q: What happened next?

A: I went to our mini office room to get my laptop and
respond to some emails for our small business. I opened the
drawer where I usually keep my laptop and noticed it was no
longer there. Even my husband’s laptop was also missing.

13. Q: What other items were missing?

A: Only those two.

14. Q: How much do those items cost?

A: The laptop was a brand new MacBook Pro. I bought it just
a few weeks before the incident at Seventy Thousand Pesos
(Php 70, 000). My husband’s laptop was relatively older. It
was a Dell G7 laptop which he bought for Seventy Six
Thousand Pesos (Php 70,000).

15. Q: What did you do next?

A: I immediately tried to call Marky but his phone was dead.
We could not contact him anymore.

16. Q: Did you report the matter to the authorities?

A: Yes. I asked for help from the security team in our building
and asked them if we could look at the CCTV footage to
check if someone else had been inside the building.
 17. Q: What did you see in the footage?
A: It showed me leaving around 7:00 in the morning and
Johnny left around 12 in the afternoon with a backpack and a
carrybag. No one else was captured leaving and entering the
building.

18. Q: No one else had been inside the room?

A: No. The locks had not been tampered nor were there
broken doors or windows in the room. That is according to
the security personnels in our building.

19. Q: What did you do next?

A: I still refused to believe that it was Marky who did it
because he had been our longtime friend. We were very
trusting, in fact we let him in our house in the middle of the
night with no buts and ifs because we thought we knew him
very well.

20. Q: Do you have anything to add?

A: None, Atty.

I hereby execute this affidavit to attest to the truth of the

foregoing facts and hereby request the investigating officer to file
the crime of Qualified Theft under Article 310 in relation to Article
308 of the Revised Penal Code against the respondent Macky
Markson Jr.

IN WITNESS HEREOF, I have hereunto set my hand this

15th day of February 2022 at Cebu City, Philippines.

Len-len Rodrigo (Sgd.)

Complainant/Affiant
 CERTIFICATION

I faithfully recorded the questions that I asked private

complainant/affiant LEN-LEN RODRIGO and the corresponding
answers he gave me; and neither I nor any other person coached
and/or suggested any answer to the witness.

ATTY. Michel Dioknow (Sgd.)

Deposing Lawyer
IBP ID No. 85548

SUBSCRIBED AND SWORN to before me this 15th day of

February 2022 in Cebu City, Philippines. I hereby certify that I
have personally examined the deposing lawyer and I am satisfied
that she voluntarily executed the above Certification and fully
understood the same.

Doc. No: 1
Page No: 1
Book No: 1
Series of 2021.

Imee Marie Tan (Sgd.)

State Prosecutor