REPUBLIC OF THE PHILIPPINES )

Province of Nueva Ecija ) S.S.

)

COMPLAINT - AFFIDAVIT

I, DOUGLAS DOE, Filipino, of legal age, widower, and a

resident of ___________________ after having been sworn to in
accordance with law, hereby depose and state, THAT:

1. I hereby formally charge JANE DOE, of legal age, Filipino,

and may be served with notices and processes at
________________, herein referred to as RESPONDENT,
for the Carnapping under R.A. 10883 also known as the
New Anti-Carnapping Act of 2016, committed as follows:

A) Sometime on year 2014, I bought a motor vehicle

under my name purchased thru BDO, a banking
institution, particularly described as follows:

Make : MITSUBISHI
Series : STRADA GLX V 2
Model : 2014
Engine No. :
Plate No. :

Attached is the OR/CR and marked as Annex “A” and

made an integral part hereof.

B) Respondent then requested if she can use the subject

vehicle, so I allowed her to use it anytime she wants so
I gave the possession of the vehicle to her.

C) On the first quarter of 2022, I realized that I do not see

my car anymore, I asked herein respondent to return to
me the possession of my car but to no avail.

D) On ____________, I sent a demand letter to herein

respondent to return to me, as a rightful owner, the
said vehicle but it just fell on deaf ears. Attached is the
Demand Letter and marked as Annex “B” and made an
integral part hereof.
 E) I went to BDO to get the original copy of the OR/CR of
the subject vehicle, however they said that it was
already claimed by herein respondent.

F) I did not give any permission to herein respondent to

claim, to receive, nor to get the OR/CR from BDO, and
eventually we found out that she used a falsified
document in able to accomplish her plan.

2) I did not execute any deed, contract or agreement to change

ownership of the subject vehicle.

3) I did not permit anybody to sell, or to transfer the possession of

the said vehicle without my consent.

2) In the case at bar, all requisites for carnapping under R.A.

10883 are all present. According to People v. Bustinera, 475
Phil. 190, 203 (2004) to wit: “

“Notably, the elements of carnapping are: (i) the

taking of a motor vehicle which belongs to another;
(ii) the taking is without the consent of the owner or
by means of violence against or intimidation of
persons or by using force upon things; and (iii) the
taking is done with intent to gain.”

3) First, I am the rightful owner of the subject vehicle, according to

Section 3 (f) of R.A. 4136 or the Land Transportation and
Traffic Code to wit: "Owner" shall mean the actual legal owner
of a motor vehicle, in whose name such vehicle is duly
registered with the Land Transportation Commission”. Second,
respondent did not return the subject motor vehicle when asked
and even after demand. Lastly, respondent continued to use or
possibly sold the same for her personal use, thereby exhibiting
her intent to gain. Respondent’s possession became unlawful
when she failed to return the subject motor vehicle to me
upon demand.

4) I have executed this complaint-affidavit to attest to the

truthfulness of the foregoing facts, and hereby request the
Investigating Prosecutor to file a case for Carnapping under
R.A. 10883 or for any other crime as may be warranted by the
foregoing facts against JANE DOE and for whatever legal
purpose it may serve.
 IN WITNESS WHEREOF, I have hereunto affixed my signature
this ___________at _______________________, Nueva Ecija.

DOUGLAS DOE
Affiant

SUBSBRIBED and SWORN to before me this at

______________________, Province of Nueva Ecija and we hereby
certify that the affiant has read the contents of his affidavit and
understands the same.