REPUBLIC OF THE PHILIPPINES )

___________________________ ) S.S

COMPLAINT – AFFIDAVIT

I, Mark Louis B. Bati, of legal age, Filipino citizen, single, and with office address at J.P
Rizal cor. Jaena St. Kalayaan Village, Barangay Quiebawan City of San Fernando, Pampanga,
after having been duly sworn to, hereby depose and say:

1. That 777 Red Pharma, Inc. (777 Red) is an entity duly organized and existing under
the laws of the Philippines with main office at J.P Rizal cor. Jaena St. Kalayaan Village,
Barangay Quiebawan City of San Fernando, Pampanga;

2. That I am the Legal Officer of 777 Red in charge of the legal affairs of the company;

3. That I am the duly authorized representative of 777 Red to file this instant complaint
against Mr. ALJON ARAGON (ARAGON) by virtue of a Secretary’s Certificate
dated April 23, 2024 and hereto attached and marked as Annex “A”;

4. That I know Aragon, who is legal age, Filipino Citizen, and a resident of Brgy. Balug
Albuera, Leyte, because he used to work for 777 Red as one of its Salesmen;

5. To prove that Aragon’s home is located at Brgy. Balug Albuera, Leyte, herewith
attached as Annex “B” to “B-1” is his Employee’s Information Form which he
himself filled out.

6. That Aragon used to be the assistant salesman of 777 Red detailed in Leyte from
October 23, 2023 to April 06, 2024;

7. Being an Assistant salesman, Aragon was specifically in charge, among others, of

keeping custody of the pharmaceutical products of private complainant in Leyte
along with his Salesman; of selling them to our clients around said area; of assisting
collecting daily payments from said clients either in cash or in checks, and deposit the
same in the company’s authorized depository bank, more particularly in Banco De
Oro (BDO), Waltermart City of San Fernando, Pampanga Branch, within the
prescribed time by 777 Red;

8. Aragon was hired by 777 Red as its Assistant Salesman by virtue of an employment
contract dated October 23, 2023; hereto attached is a copy of the said Employment
Contract to form part hereof as Annex “C” TO C-4”;

9. That as 777 Red’s Assistant Salesman for Leyte, some of Aragon’s obligations were to
receive pharmaceutical products from the warehouse of 777 Red that is located in
Kalayaan Village, City of San Fernando (P), transport the same to Leyte where they
will safekeep them in the warehouse provided by the company for its salesmen;
Aragon will offer said products for sale to the company’s customers/clients in said

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 area, with the duty to return the same to 777 Red in Pampanga if unsold and deposit
the corresponding payments in the account of private complainant, if sold;

10. During his stint as the assistant salesman in the Leyte area, Aragon was tasked to
make sure the pharmaceutical products in his custody are all accounted for; he
likewise had the duty to remit/deposit all collections to the company;

11. No one can remove any of the pharmaceutical products from the company’s
warehouse/staff house at Zone 1 Brgy. Guidapunan, Palo, Leyte without the
knowledge and consent of Aragon and his Salesman;

12. Herewith attached is Mr. Aragon’s Job Description as Assistant Salesman as Annex
“D” to “D-1”;

13. On March 23, 2024, Aragon, along with the other Salesmen and Assistant
Salesman of 777 Red, namely Jomar De Ocampo (hereinafter referred to as
"De Ocampo"), Christian Earl Dela Peña (hereinafter referred to as "Dela
Peña"), Aquino Gerolia (hereinafter referred to as "Gerolia"), Jayson
Espinosa (hereinafter referred to as "Espinosa"), and Mark Jay Flores
(hereinafter referred to as "Flores") from Leyte and Samar, met and stayed
at the Staff House of 777 Red located at Zone 1 Brgy. Guidapunan, Palo, Leyte
in preparation for their scheduled departure to Pampanga;

14. On that evening, Espinosa and Gerolia, prepared their collected sales
totaling to an amount of Php 72,111.62, (the documentation/ Cash
Summary of which are herewith attached and marked as "Annex E").

15. While Espinosa, and Gerolia documented their sales collections, Aragon
attentively observed them. Subsequently, said collections were securely
placed in a blue pouch and put on the Top of the Table inside the staff
house for deposit the next day;

16. On the 24th of March 2024, at around 5:00 am, Dela Peña undertook the
transportation of De Ocampo, Flores, and Espinosa to Tacloban Airport,
coinciding with Gerolia's departure to their residence at Zone 3 Taurus,
Pawing, Palo Leyte. Before their departure, both De Ocampo and
Espinosa noted the presence of a blue pouch situated atop the table.
Aragon remained at the staff location.

17. Upon Dela Peña's return to the staff house at approximately 6:00 am,
Aragon was found to still be asleep, whereas the blue pouch previously
situated atop the table was no longer visible.

18. On April 1, 2024 around 6:00 am, while De Ocampo, Dela Peña and
Gerolia are preparing their stocks in the truck, someone thrown a plastic
bag containing money under the truck towards the direction of De
Ocampo and Dela Peña, upon the discovery of the said plastic bag with

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 money inside De Ocampo told Gerolia to search for the identification of
the person, Gerolia immediately run towards the front of the Truck to
check the identification of the person who throw the plastic Bag
containing money, upon the reaching the front of the truck Gerolia saw
Aragon walking towards the Truck, and ask Aragon if he saw someone
threw the plastic bag containing the money, and replied he didn’t saw
anybody leaving the site.

19. In response to the incident, De Ocampo promptly reported the matter to

777 Red AFD and HRMD. Consequently, the management of 777 Red
directed Denver Garcia, Sales Supervisor, to conduct a thorough
investigation and Inventory Audit. On 5th of April 2024, Aragon sought
the permission from Ace Francisco, Sales Supervisor (Fransico for Brevity)
to attend the wake of his grandmother, On the 6th of April, 2024, Aragon
sought again permission from Francisco to attend to go to the
hospitalization of his mother. However, Francisco requested
substantiating evidence to corroborate Aragon's claims, which Aragon
failed to provide. Additionally, on the same date, Aragon sought again
permission to Fix his Motorcycle, however Aragon vacated the staff house
without prior notification, taking all personal belongings, including the
sales collection of De Ocampo totaling to Php 83,368.75 the
documentation/ Cash Summary of which are herewith attached and
marked as "Annex F", Efforts to contact Aragon via phone and social
media proved futile.

20. In furtherance of the complaint, a Sworn Statement executed by De

Ocampo and Dela Peña is attached and marked as "Annex G."

21. On the 7th and 8th of April, 2024, a physical inventory was conducted by
Roan Paul Sambat together with Denver John Garcia within Aragon's
assigned area, revealing the absence of pharmaceutical products valued at
Php 189,900.00. The list detailing the missing pharmaceutical products is
appended and labeled as "Annex H."

22. On the 9th of April, 2024, the HRMD officer of the company served
Aragon with a Notice to return to work concerning the aforementioned
incidents, requesting a written explanation. Said Notice is annexed hereto
and forms an integral part as "Annex I."

23. The incident was also reported to the Local Authorities, and a
corresponding blotter report was generated and attached as "Annex J."

24. Aragon, with intent to gain, abused the trust and confidence of 777 Red by taking with
intent to gain the pharmaceutical products of 777 Red as well as the company’s cash
collections without its consent;

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 25. Our lawyer informed us that the elements of qualified theft punishable under Article
310 in relation to Art. 308 of the RPC are as follows:

a. Taking of personal property;

b. That the said property belongs to another;
c. That the said taking be done with intent to gain;
d. That it be done without the owner’s consent;
e. That it be accomplished without the use of violence or intimidation against
persons, nor of force upon things; and
f. That it be done with grave abuse of confidence.

26. Aragon had no right to take the subject pharmaceutical products amounting to
Php189,900.00 as well as the cash collections amounting to Php83,368.75 and
Php72,111.00 respectively for the same belong to 777 Red, however, with intent to gain
and gravely abusing the trust and confidence reposed upon him by the company,
Aragon took the said products and cash collections without the consent of 777 Red, to
the damage and prejudice of the latter.

27. That I am executing this Complaint-Affidavit to attest to the truth of the foregoing and
to lay our bases in the filing of a criminal complaint against MR. ALJON ARAGON
for the crime of QUALIFIED THEFT under Art. 310 in relation to Art. 308 of the
Revised Penal Code of the Philippines (“RPC” for brevity), as amended by R.A. 10951.

Mark Louis Bati

Affiant

SUBSCRIBED AND SWORN to, before me this ___________________. I hereby

certify that I have personally examined the affiant and that am fully satisfied that he executed
and understood his sworn statement.

ADMINISTERING OFFICER

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