uPLOAD cARNAPPING

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Republic of the Philippines )

) S.S.
x--------------------)

AFFIDAVIT-COMPLAINT

I, YUERHIAE, Filipino, of legal age, single and a resident of Phase 3 Ampana,


Macanhan, Carmen, Cagayan de Oro City, Philippines, after having been duly sworn to an oath
in accordance with law, hereby depose and state that:

1. I am filling a criminal complaint for violation of Republic Act. No. 6539 also known as ANTI
CARNAPPING ACT Of 1972 Pagatpat, Cagayan de Oro City;

2. I am also filing a criminal complaint for violation of Presidential Decree No. 1612 also known
as THE ANTI FENCING LAW Filipino, of legal age, single and a resident of Vencer, Brgy.
Cogon Balingasag, Misamis Oriental;

3. -affidavit and are respectively marked as Annex “B” and Annex “C”;

4. Upon noticing that the motorcycle was not around in the place where it was parked, I,
together with my co-workers immediately checked the CCTV footages of the premises. In the
said CCTV footage, it shown that a suspicious looking person wearing cap, black shirt, black
pants and white shoes surreptitiously pushing the motorcycle away from the vicinity. Photo of
the Respondent taken from the CCTV footage is attached as Annex “G” and videos from the
said footage are saved to a compact disc and hereto attached as Annex “F”;

5. After having the CCTV footage and pictures, I immediately went to JCA Convenience Store
which is just beside KSCI and talked with the store attendant and asked to her whether she
noticed the same person earlier on the night of January 11. 2019;

6. I showed her the CCTV footage and she positively identified that the said person is a regular
customer whom drinks in JCA Convenience Store. I then told her to advise me if such person or
his companions will return;

7. I then reported the incident to Police Station No. 1, T. Neri-Burgos Street, Cagayan de Oro
City. A copy of the Incident Record Form and the Extract Copy of the police blotter is attached
herewith as Annex “D’ -“D-1”;

8. Luckily, on February 14, 2019, at around 8:20 in the evening, Iwas informed by the store
attendant that such person has returned and is currently drinking in their store. Upon arriving at
the said convince store, I personally noticed that it was the very same person in the CCTV
footage who took the vehicle. As I was about to approach and confront him regarding my
motorcycle, I noticed something protruding on his right waistline resembling a knife. I stepped
back and called the police. Immediately the police arrived and apprehended the Respondent
and was brought to the Police Station. The Affidavit of Apprehension is herewith attached as
Annex “E” - “E-1”;

the recovery of the said motorcycle at the residence of JunreyZaballero in Balingasag, Misamis
Oriental. Extract copy of police blotter is herewith attached as Annex “H”;

11. Upon recovery of the said motorcycle, it was found that the motorcycle was badly damaged
and modified. The U-box was forcefully opened and the ignition switch was altered and there
were scratches in the body and some parts were already removed. The estimated cost of repair
would be more or less PHP30,000.00;

12.
13. Because of the fact that my motorcycle was taken from me, I was not able to perform my
utility work on which I am deprived of earning a daily income of Php30,000.00(plus extra tips
and errands of customers of KSCI) since January 11, 2019 until the present, or for a total of 95
days, which resulted to a total loss of income in the amount of PHP28,500.00. The said
motorcycle is still in the custody of the police;

14. After due consultation, I was advised that RA No. 6539, carnapping is defined as the taking,
with intent to gain, of a motor vehicle belonging to other without the latter’s consent, or by
means of violence against or intimidation of persons, of by using force upon things. Said
definition fits the act committed
15. And that, under PN No. 1612, fencing is the act of any person who, with intent to gain of
himself or for another, shall buy, receive, posses, keep, acquire, conceal, sell or dispose of, or
shall buy and sell, or should be known to him, to have; and

16. I am executing this compliant-affidavit to attest to the truthfulness of the foregoing facts for
the purpose of filling a criminal complaint for violation of Republic Act No. 6539 also known as
ANTI CARNAPPING ACT OF 1972
IN WITNESS WHEREOF, I have hereunto set my hand this April 16, 2019, in the City of
Cagayan de Oro Philippines.

EWQ5
Complainant-Affiant

SUBSCRIBED AND SWORN to before me on this ___ day of November 2019 in the
City of Cagayan de Oro City, Philippines, by the affiant whom exhibited to me his competent
proof of identity. Certifying further that I personally examined the herein affiant and I am morally
convinced that he voluntarily executed this affidavit and have fully understood the contents
thereof.

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