Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati City

ABC CORPORATION, Inc., represented

by its Asset Services Group Finance
Head, ALEXANDER SCOTT A. PAREJA,
Complainant,

I.S. No. _____________________________

-versus- For: Art. 310 in relation to Article
208 of the Revised Penal Code
(Qualified Theft)

SUNSHINE P. CUARESMA,
Respondent.
x ---------------------------------------------- x

COMPLAINT-AFFIDAVIT

I, ALEXANDER SCOTT A. PAREJA, Filipino, of legal age, with office

address at 10th floor, Ayala Tower One & Exchange Plaza, Ayala Triangle,
Ayala Avenue, Makati City, after having been sworn in accordance with law,
hereby depose and state that:

1. I am the Asset Services Group Finance Manager of complainant

ABC CORPORATION, INC., (hereinafter referred to as “ABC” and/or the
“Company”), a corporation duly organized and existing under the laws of the
Philippines with business address at 10th floor, Ayala Tower One & Exchange
Plaza, Ayala Triangle, Ayala Avenue, Makati City.

2. Complainant ABC is engaged in the business of providing real

estate management, administrative, business process and consultancy
services. Among its services is the lease management of various properties
such as DFE Cortes.

3. As the Asset Services Group (ASG) Finance Head of ABC, my

duties include acting as head on ASG accounting matters, monitoring
accounting work in ASG, coordinating with the ASG business line leaders in
monitoring and collection of ASG accounts receivables, and performing related
duties and responsibilities. As such, I have been authorized to file the instant
criminal complaint as shown in the Secretary Certificate evidencing my
authority which is herein attached as Annex “A”.

4. Respondent SUNSHINE P. CUARESMA (“CUARESMA”) was a

former Accounting Assistant of complainant ABC who was in charge of
collecting lease rentals, deposits and other fees from complainant ABC’s
client. Her address is 188 Samson Road, Barangay 74, Sona 7, District II,
Caloocan.

5. Sometime in July 2015, Cuaresma’s absenteeism had become

increasingly apparent. This brought to my attention her pending deliverables
which included the advance rental payments by Missy Chua for the
property management service of DFE Cortes Limited.

6. Upon verification, it was confirmed that the advance rental

payment was received by Cuaresma in Makati City from Missy Chua of DFE
Cortes Limited upon presentation of Receipt Nos. 2406 and 2411 dated April
10, 2015 and June 24, 2015, respectively, covering the total amount of FOUR
HUNDRED THOUSAND NINE HUNDRED FIFTY-TWO 88/100
(P400,952.88). A copy of Receipt Nos. 2406 and 2411 are attached as
Annexes “B” and “B-1”.

7. The foregoing amount was supposed to be deposited by

Cuaresma under the account of DFE Cortes Limited. However, no record
exists that such deposit had been made. This prompted the Company to
conduct a preliminary internal audit investigation requiring Cuaresma to
report on the matter and submit her explanation. A copy of the Preliminary
Internal Audit Findings is attached as Annex “C”.

8. On October 20, 2015, in the course of the Company’s

investigation, Cuaresma submitted a written explanation expressly admitting
that she unlawfully took the money owned by complainant ABC, and asked
for forgiveness. For the immediate reference of the Honorable Office, the full text
of Cuaresma’s written explanation, which is herein attached as Annex “D”, is
quoted as follows:

“OCTOBER 20, 2015

AKO PO SI SUNSHINE P. CUARESMA ACCOUNTING ASSISTANT SA ABC

INAAKO AT INAAMIN NA ANG COLLECTION NUONG APRIL 10, 2015 SA DFE
CORTES NI MISSY CHUA PATUNGKOL SA ANIM NA BUWAN NA RENTA
AY AKING KINOLEKTA AT HINDI NAIDEPOSIT LABAG MAN SA AKIN
KALOOBAN DAHIL SA AKING PERSONAL AT PAMILYANG
PANGANGAILANGAN HINDI KO NAIWASAN NA GAMITIN ANG NASABING
PERA NA 400,952.88. GAYUNMAN AKO AY NAKAPAG DEPOSITO NA
NAGKAKAHALAGA HIGIT KUMULANG 25,000.

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 AKO AY NANGANGAKO NA NAKIKIPAGTULUNGAN SA PAMUNUAN NG
ABC UPANG MABAYARAN ANG NATITIRA PANG BALANSE. LUBOS PO
AKONG NAGSISI SA AKING NAGAWA KAMALIAN. AKO PO AY HUMIHINGI
NG TULONG SA INYO NAWA’Y NAINTINDIHAN NINYO NA NAPILITAN LANG
AKO UNANG UNA DAHIL SA KALUSUGAN NG AKING INA AT UMAASA PO
AKO SA AKING PAKIKIPAGTULUNGAN AY MAITUWID KO PO ANG AKING
PAGKAKAMALI.

(SGD.) SUNSHINE P. CUARESMA”

9. On October 27, 2015, complainant ABC issued a demand letter

for the return of the money stolen by Cuaresma. On even date, Cuaresma
submitted a letter promising to return the money in scheduled installments,
and tendered her resignation from the Company. A copy of complainant ABC’s
Demand Letter is attached as Annex “E” while copies of Cuaresma’s promissory
letter and resignation letter are attached as Annexes “F” and “G”, respectively.

10. Despite complainant ABC’s consideration, Cuaresma failed to

restitute or otherwise return the stolen amount thus prompting the Company
to issue a final demand letter on October 5, 2016. A copy of complainant ABC’s
final demand letter is attached A nnex “H”.

11. The Company was further constrained to seek the services of

counsel who advised it that the acts committed by Cuaresma constitute the
crime of Qualified Theft as defined and punished under Article 310 in relation
to Article 308 of the Revised Penal Code.

12. Article 308 of the Revised Penal Code thus reads:

“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 the personal
property of another without the latter’s consent.”

13. In the case of People v. Teresita Puig and Romeo Porras, G.R.
No. 173654-765, August 28, 2008, the Supreme Court enumerated the
elements of the crime of theft as follows:

1. Intent to gain;
2. Unlawful taking;
3. Personal property belonging to another;
4. Absence of violence or intimidation against persons or force
upon things.

14. All the foregoing elements are clearly present in this case.

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 15. Cuaresma unlawfully took the personal property of complainant
ABC representing the payment to the Company of DFE Cortes Limited in the
total amount of FOUR HUNDRED THOUSAND NINE HUNDRED FIFTY-TWO
88/100 (P400,952.88) thus satisfying the second and third elements of the
crime of theft.

16. Cuaresma’s unlawful taking was without the knowledge of, much
less consent from, complainant ABC, and was made with intent to gain. Apart
from being presumed, intent to gain is evident from Cuaresma’s own declaration
that she did not deposit the payment of Missy Chua of DFE Cortes because
she used it for her personal needs;2 thus satisfying the first element of the
crime of theft.

17. As a result of Cuaresma’s unlawful taking, complainant ABC

incurred damage which, however, was not attended by any violence or
intimidation against persons or force upon things thus satisfying the fourth
element of the crime of theft.

18. Moreover, the crime of theft is qualified due to the presence of the
qualifying circumstance of grave abuse of confidence. Article 310 of the Revised
Penal Code provides:

“Art. 310. Qualified Theft. – The crime of theft shall be punished

by the penalties next higher by two degrees that those respectively
specified in the next preceding article, if committed by a domestic
servant, or with grave abuse of confidence, or if the property stolen is a
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
property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance.”

19. In conjunction with Article 310 of the Revised Penal Code, the
Supreme Court in the case of People v. Puig3 enumerated the elements of the
crime of Qualified Theft as follows:

“1. Taking of personal property;

2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owner’s consent;
5. That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things;
6. That it be done with grave abuse of confidence.”

2 C.f. Annex “D” of this Complaint-Affidavit

3 G.R. No.173654-765.

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 20. The first five elements of the crime of Qualified Theft are clearly
satisfied as discussed above.

21. The qualifying circumstance of grave abuse of confidence is clearly

present since Cuaresma could not have stolen the money belonging to
complainant ABC had she not been in charge of collecting lease rentals,
deposits and other fees. In other words, Cuaresma could not have stolen the
total amount of FOUR HUNDRED THOUSAND NINE HUNDRED FIFTY-TWO
88/100 (P400,952.88) belonging to complainant ABC were it not for the
grave abuse of confidence which the Company reposed on her as Accounting
Assistant.

22. Considering that the acts complained of transpired in Makati City,

this Complaint-Affidavit is hereby filed before the Office of the City Prosecutor
of Makati City.

23. I am executing this Complaint-Affidavit in order to attest to the

truth of the foregoing and in support of the criminal charge for Qualified Theft
as defined and punished under Article 310 in relation to Article 308 of the
Revised Penal Code against respondent, SUNSHINE P. CUARESMA.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

day of May 2017 at Makati City,

ALEXANDER SCOTT PAREJA

Complainant-Affiant

SUBSCRIBED AND SWORN to before me this day of May 2017 with

complainant-affiant exhibiting to me Passport No. 1234 issued last 1 May
2017.

I hereby certify that I have personally examined the Affiant and that I am
fully satisfied that he voluntarily executed and understood his Complaint-
Affidavit.

Doc. No. ____; KIM JOHN V. VILLA

Page No.____; Notary Public
Book No. ___; Attorney’s Roll No. 52055
Series of ____. PTR No. 5323550/ 01.04.16/ Iloilo
IBP (Lifetime) No. LRN-010317/Iloilo
MCLE Compliance No. V-0019654/ April 22, 2016