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REPUBLIC OF THE PHILIPPINES)

CITY OF QUEZON ) S.S.

COMPLAINT-AFFIDAVIT

I, Ignatius Ortega, Filipino, of legal age, with assistance of counsel


and a resident of #49 Matimtiman St., Brgy. Teachers Village-East,
Diliman, Quezon City after having been duly sworn to in accordance with
law, say:

1. That I am the Police Chief Inspector of Quezon City Police District with
headquarters at Maginhawa St., Brgy. Sikatuna Village, Diliman, Quezon
City;

2. That it is customary for the JADIP to have small bills and loose change
(100, 50, 20 pesos bills) for use by its cashiers who, in turn, use these to
change payments made by its customers who usually pay in Php1,000 and
Php500 bills denomination;

3. That on August 29, 2016, I received information that a certain BERTO


DIMAGIBA has in his possession firearms and ammunition without having
license to possess the same;

4. That after procuring a search warrant and having executed it, found and
seized two (2) cal. 38 revolvers and ammunition for said gun;

5. That I accuse and hereby charge BERTO DIMAGIBA, residing at #5


Don Victorino St, Don Antonio Heights, Novaliches, Quezon City, of
violating RA 10591 for illegal possession of firearms;

6. That I prepared and submitted an Employees Incident report regarding


the matter. A copy of which is hereto attached as Annex A.

7. That when he reported back, Burt Figueroa alleged that he left the clutch
bag containing the Php100,000 in his motorcycle at Calapcuan, Subic,
Zambales, and that while he was talking with some persons, when he
returned to his motorcycle, the money was already allegedly gone, although
the clutch bag was there;

8. That due to this incident, on March 29, 2015, our administrator, Jesusa
Ramos, served a Suspension Notice to Mr. Burt Figueroa so that the matter
can be investigated. He was given the right to answer in writing but he did
not do so. A copy of the Suspension Notice is hereto attached as Annex B;
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9. That from the investigation that we conducted in relation to the incident,
the management of JADIP concluded that the allegation of Burt Figueroa is
unbelievable and also considering that he was found out to be addicted to
gambling, it was concluded that he intentionally appropriated the
Php100,000 for himself;

10. That on behalf of JADIP, Jesusa Ramos sent a Demand Letter for Burt
Figueroa to pay the Php100,000 but said demand remains neglected. A copy
of the Demand Letter is hereto attached as Annex C;

11. That Burt Figueroa has offered to return the money to JADIP after he
has sold or mortgaged a property located at Calapacuan, Subic, Zambales.
That on April 9, 2015, Burt Figueroa was able to give Seventeen Thousand
Pesos (Php17,000);

12. That I was duly authorized by the owner of JADIP, Mary Jane
Olanio, to file a case against Burt Figueroa through a Special Power of
Attorney hereto attached as Annex D;

13. That I am executing this affidavit to attest to the truth of all the
foregoing allegations and to serve as basis for the filing of a complaint
against Burt Figueroa for Qualified Theft or Estafa as may be found
applicable.

IN WITNESS WHEREOF, I have hereunto set my hand this


____________________ at Quezon City.

IGNATIUS ORTEGA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 3rd day of


October 2016.

(Sgd.) Investigating Prosecutor

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I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED
THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY
EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

(Sgd.) Investigating Prosecutor

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