ORIGINAL Criminal Complaint

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
PASIG CITY
MAKATI BANK:
PASIG BRANCH,
Complainant,
-versus- NPS Docket No. ________

For: Qualified Theft under
Article 310 of the Revised
Penal Code
PAULMARK JOSE C.
BANGELES, LAUDRIGO G.
BERGONIA, JR., ROWENA L.
CASTILLO & RANDY L.
DOMINGO,
Respondents.
x--------------------------------x
Republic of the Philippines )
Pasig City )S.S.
COMPLAINT AFFIDAVIT
Complainant Year Luck & Food & Industrial Corp.

(Complainant), by and through its authorized
representative, JIMMY LLOYD TAN and/or JARRELYN
GALVEZ,1 after having been duly sworn to in accordance
with law, hereby depose and state that:
I.
PREFATORY STATEMENT
This is a criminal complaint against the

former employees of a company who
1
A copy of the Secretary Certificate authorizing JIMMY LLOYD TAN and/or JARRELYN
GALVEZ to represent Complainant in this Complaint is hereto attached and made an
integral part hereof as Annex A.
Page 1 of 11
214/Complaint Affidavit/KPM/OS2092
were assigned to collect payments of its
customers. The former employees, with
intent to gain and without knowledge
and consent of the company, have
taken, stolen and carried away the
payments collected, belonging to the
company.
In the commission of the said act, the

former employees committed grave
abuse of confidence, they being then
employed as collectors of the company,
and as such had free access to the
money collected.
II.
PARTIES
1. Complainant is a domestic corporation duly

organized and existing under and by virtue of Philippine
laws, with principal address at Warehouse #4 Sunny Realty
Compound A. Sandoval Avenue, Pinagbuhatan, Pasig City
1602, where it can be served with notices, orders,
resolutions and other legal processes of this Honorable
Office.
2. Respondent PAULMARK JOSE C. BANGELES is

of legal age, Filipino and with given address at Block 19, San
Francisco St., Brgy. Sta. Ana, Taytay, Rizal, where he may be
served with summons, notices, orders, resolutions and other
legal process of this Honorable Office.
3. Respondent LAUDRIGO G. BERGONIA, JR. is of

legal age, Filipino and with given address at 196 M.H. Del
Pilar St., Palatiw, Pasig City, where he may be served with
summons, notices, orders, resolutions and other legal
process of this Honorable Office.
4. Respondent ROWENA L. CASTILLO is of legal

age, Filipino and with given address at 10 D P. Santiago St.,
Paso De Blas, Valenzuela City, where she may be served
with summons, notices, orders, resolutions and other legal
process of this Honorable Office.
Page 2 of 11
5. Respondent RANDY L. DOMINGO is of legal age,
Filipino and with given address at 2795 Suna St., Kalawaan,
Pasig City, where he may be served with summons, notices,
orders, resolutions and other legal process of this Honorable
Office.
III.
BRIEF FACTUAL BACKGROUND
6. Complainant is a domestic corporation engaged in

the ice cream cone manufacturing industry. It caters to
customers all over the Philippines.
7. Respondents were employed by Complainant as its

sales and collection officers.
For Respondent PAULMARK JOSE C. BANGELES,

copies of his Application Form submitted to Complainant and
credentials are hereto attached and made integral parts
hereof as Annex _ and series.
For Respondent LAUDRIGO G. BERGONIA, JR.,

copies of his credentials are hereto attached and made
integral parts hereof as Annex _ and series.
For Respondent ROWENA L. CASTILLO, copies of her

For Respondent RANDY L. DOMINGO, copies of his

8. In 2014 to 2016, Complainant, through its

Accounting Representative, Jarrelyn Galvez (Ms. Galvez),
noticed the proliferation of underpaid and unpaid accounts of
its customers. These accounts were assigned to Respondents
for collection.
9. To address the matter, Ms. Galvez initiated

inquiries to the customers whose accounts were then being
investigated. She found out that these customers had been
paying religiously.
Page 3 of 11
10. In view of this development, Ms. Galvez referred
the matter to Complainants Human Resource Department
(HRD).
11. The HRD then issued the corresponding

memoranda (Memo) for each and every account
addressed to the respective Respondents.
12. The following are the specific unremitted amounts

by each Respondents:
RESPONDENT PAULMARK JOSE C. BANGELES

Amount Remarks
PHP1,432.52 collected from the Pangasinan trip on 6
August 2014
PHP169.34
PHP638.04 collected from the Camanava 2 trip on 28
October 2014
PHP1,906.58 collected from the Pangasinan trip on 11
November 2014
PHP847.46
PHP1,452.08 collected from the Pangasinan 1 trip
PHP2,095.99 collected from the Pangasinan 1 trip on 7
April 2015
August 2015
PHP499.70 collected from the La Union trip on 27
September 2015
PHP4,798.64 collected from the Pangasinan-Ilocos trip
on 7 October 2015
December 2015
January 2016
PHP10,338.56 collected from Rosalinda Libatique
PHP1,000 collected from Elmer Lising
PHP11,520 collected from Christopher Ungos
PHP7,395.18 collected from Alberto Suyat
Total Amount: PHP69,113.51
As proof thereof, copies of the Memo issued by

Complainant addressed to Respondent PAULMARK JOSE C.
BANGELES dated 18 August 2014, 13 October 2014, 5
November 2014, 12 November 2014, 7 April 2015, 18 April
Page 4 of 11
2015, 20 April 2015, 26 August 2015, 10 October 2015, 16
October 2015, 19 January 2016, 16 February 2016, and 26
October 2016 are hereto attached and made integral parts
hereof as Annexes _ to _-15.
As proof of payment by the customers, copies of the

___ are hereto attached and made integral parts hereof as
Annex _ and series.
RESPONDENT LAUDRIGO G. BERGONIA, JR.

Amount Remarks
PHP8,728.77 collected on 26 April 2016
PHP9,990.68 collected on 17 May 2016
PHP3,541.71 collected on 19 July 2016
PHP12,952.24 collected on 27 September 2016
PHP6,560.25 collected on 3 November 2016

Complainant addressed to Respondent LAUDRIGO G.
BERGONIA, JR.dated 10 May 2016, 28 May 2016, 6 August
2016, 8 October 2016, and 9 November 2016 are hereto
attached and made integral parts hereof as Annexes _ to
_-4.

Annex _ and series.
RESPONDENT ROWENA L. CASTILLO

Amount Remarks
PHP64,626.08 collected from Majestic under Sales Invoice
dated 16 March 2016
PHP65,370.04 collected from Majestic under Sales Invoice
Nos. 256502 and 256840

Complainant addressed to Respondent ROWENA L.
CASTILLO dated 7 September 2016 and 9 September 2016
are hereto attached and made integral parts hereof as
Annexes _ to _-1.
Page 5 of 11
Annex _ and series.
RESPONDENT RANDY L. DOMINGO

Amount Remarks
PHP10,000 collected from Melita Naagas
PHP23,500 collected from Larry Malicdem
PHP23,700 collected from Gerard Militante
PHP544.40 collected on 7 January 2015
PHP420.48 collected on 7 May 2015
PHP2,008.52 collected on 15 September 2015
PHP2,486 collected on 21 September 2015
PHP781.60 collected on 19 December 2015
PHP529.92 collected on 22 January 2016
PHP562.62 collected on 18 September 2016
PHP459.97

Complainant addressed to Respondent RANDY L.
DOMINGO dated 13 October 2014, 18 November 2014, 26
February 2015, 19 May 2015, 6 October 2015, 14 October
2015, 19 January 2016, 22 January 2016, 29 September
2016, and 3 October 2016 are hereto attached and made
integral parts hereof as Annexes _ to _-10.

Annex _ and series.
13. In the Memo, Respondents were asked to explain

the reason for the underpaid and/or unpaid accounts. In
some Memo, Respondents readily admitted having used the
same for personal purposes while in the other Memo, they
either made up excuses or left the same blank. Respondents
personally filled up the Memo with their own handwriting
and signed the same.
14. To highlight the admissions and flimsy excuses

made by Respondents, the following are some of the
explanations written by them in the Memo, to wit:
Page 6 of 11
a) Written by Respondent PAULMARK JOSE C.
BANGELES:
Sir & mam.
kaya po ko nagawa itong binayad ni

Libatique na hindi ko po na pasok kasi po
nagkasakit anak ko ng tae suka. wala na kasi
akong ibang magawang paraan kaya nagamit ko
yung pera. sana mapatawad nyo ako sa mga mali
kong nagawa. salamat.2
Sir & mam.
Bawat hulog ni ungos kaya minsan Hindi ko

naipasok kasi pinanbabayad ko sa tubeg at
kuryenti nahiya na kasi ako kay sir sam bumali
pambayad ng tubeg at kuryenti. kaya nagawa kop
o yun. salamat.3
Sir & mam. Nung binayaran ako ni alberto suyat

yung utang nya. Nagkataon na Humihingi ng
tulong yong mga tita ko sa provinsya gawa po
nung bagyong Yolanda kasi naaawa po ako sa
kanila kasi alam kung walang wala po sila nung
mga oras na yun. kaya nagawa ko po yun. sana
mapatawad nyo po ako.
sir.mam,salamat4
b) Written by Respondent LAUDRIGO G.

BERGONIA, JR.:
DI KO PO ALAM KONG PAANO ANG NANGYARI.

PERO PAG AKO ANG NAGBIBILANG TAMA
NAMAN.5
c) Written by Respondent ROWENA L. CASTILLO:
nagkaroon kasi ako ng problema regarding sa

Lupa na kailangan ng tubusin kaya nagalaw ko
yong pera totoong binayaran na ito ng customer.
Aayusin ko na lang ito agad. Dala lang ng wala ng
2
Annex A-_.
3
Annex A-_.
4
Annex A-_.
5
Annex B-_.
Page 7 of 11
malapitan at gipit kaya ko nagawa iyon. Sorry
talaga.6
d) Written by Respondent RANDY L. DOMINGO:
Maam/Sir.
Humihingi po ako ng paumanhin sa kadahilanan

nagigipit po ako sa oras ng biglaan namin
pangangailangan ng pera.. alam ko naman po Mali
pero para naman po sa problema ng aming
pamilya wala nap o kasi ako maisip ng paraa..
kaya patawad po.7
Maam/Sir.

kaya patawad po talaga.8
Maam/Sir.

kaya patawad talaga9
15. As for the other flimsy excuses given by

Respondents, like having no knowledge why the collections
were underpaid or unpaid, are clearly self-serving. These
self-serving excuses together with proof of payment by the
customers leaves no other conclusion that Respondent
indeed used the collected money for their own personal
purposes.
6
Annex C-_.
7
Annex D-_.
8
Annex D-_.
9
Annex D-_.
Page 8 of 11
16. For the first few transgressions, Complainant did
not impose any disciplinary actions against Respondents.
They were just given warnings by Complainant.
17. These warnings, however, did not do any good as

Respondents continued taking and appropriating the money
collected for their own personal use.
18. Thus, Complainant repeatedly demanded the

return of the unremitted amounts from Respondents.
Instead of paying back the said amounts, Respondents
merely gave the flimsy excuse that they cannot afford to
return or pay back the money rightfully belonging to
Complainant.
19. In view thereof, Complainant was constrained to

severe Respondents employment for cause and to file the
instant Complaint against them.
IV.
CLAIMS AND CAUSE OF ACTION
20. According to our counsel, the elements of

Qualified Theft committed with grave abuse of confidence
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 owners consent;
e) That it be accomplished without the use of
violence or intimidation against persons, nor of
force upon things;
f) That it be done with grave abuse of confidence.10
21. All of the foregoing elements of Qualified Theft are

present in this case.
22. First, the presence of the first and second

elements is abundantly clear. There can be no quibble that
the fund collections are personal properties belonging to
Complainant. These funds were paid by Complainants
10
People v. Puig, G.R. Nos. 173654-765, August 28, 2008, 563 SCRA 564,
570; Roque v. People, G.R. No. 138954, November 25, 2004, 444 SCRA 98, 120.
Page 9 of 11
customers for the deliveries of ice cream cone from
Complainant.
23. Second, the third element is likewise abundantly

clear. The collected amounts subject of the instant Complaint
belonged to Complainant and not to Respondents. When
Respondents received them from Complainants customers,
they were obliged to turn them over to Complainant for they
had no right to retain them. That they used the collected
amounts for their own personal purposes knowing all the
while that these amounts were not theirs only proves the
presence of unlawful taking.
24. Third, the element of intent to gain is amply

established through the own admissions of Respondents
written in the Memo addressed to them. Thus, the fourth
element of intent to gain is duly proven.
25. Fourth, equally clear and undisputed is the

presence of the fifth element. Respondents admitted having
received these amounts from Complainants customers.
Thus, the element of taking was accomplished without the
use of violence or intimidation against persons, nor of force
upon things.
26. Fifth, that Complainant never consented to

Respondents personal use of the amounts collected is
demonstrated by the immediate action Complainant took
upon being apprised of the misappropriation and
Respondents admission on the Memo issued to them.
Complainant lost no time in investigating the underpaid
and/or unpaid accounts of its customers which were
assigned to Respondents for collection.
27. Sixth, that Respondents committed the crime with

grave abuse of confidence is clear. As gathered from the
nature of their position, Respondents were the collection
officers of Complainant. Their position entailed a high degree
of confidence, having access to funds collected from
Complainants customers. Complainant reposed its trust and
confidence in Respondents as its collection officers, and it
was this trust and confidence which they exploited to enrich
themselves to the damage and prejudice of Complainant.
Page 10 of 11
28. In the instant Complaint, it is clear how
Respondents, as collection officers of Complainant who were
authorized to receive payments from Complainants
customers, gravely abused the trust and confidence reposed
upon them by Complainant. Precisely, by using that trust
and confidence, Respondents were able to perpetrate the
theft of Complainants funds to the grave prejudice of the
latter.
29. I am executing this Complaint Affidavit for the

purpose of initiating the necessary action against
Respondents for Qualified Theft under Article 310 of the
Revised Penal Code and/or for other appropriate crimes as
this Honorable Office may see fit and proper to indict
Respondents based on the foregoing facts.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, We have hereunto set our

hands this __ day of _______ at Pasig City, Philippines.
JIMMY LLOYD TAN JARRELYN GALVEZ

Affiant Affiant
SUBSCRIBED AND SWORN to before me this __ day

of _______ at Pasig City, Philippines. I hereby certify that I
have personally examined the Affiants and that I am fully
satisfied that they freely and voluntarily executed and
understood the instant Affidavit.
HONORABLE CITY PROSECUTOR
Page 11 of 11

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REPUBLIC OF THE PHILIPPINES

-versus- NPS Docket No. ________

Complainant Year Luck & Food & Industrial Corp.

This is a criminal complaint against the

In the commission of the said act, the

1. Complainant is a domestic corporation duly

2. Respondent PAULMARK JOSE C. BANGELES is

3. Respondent LAUDRIGO G. BERGONIA, JR. is of

4. Respondent ROWENA L. CASTILLO is of legal

6. Complainant is a domestic corporation engaged in

7. Respondents were employed by Complainant as its

For Respondent PAULMARK JOSE C. BANGELES,

For Respondent LAUDRIGO G. BERGONIA, JR.,

For Respondent ROWENA L. CASTILLO, copies of her

For Respondent RANDY L. DOMINGO, copies of his

8. In 2014 to 2016, Complainant, through its

9. To address the matter, Ms. Galvez initiated

11. The HRD then issued the corresponding

12. The following are the specific unremitted amounts

RESPONDENT PAULMARK JOSE C. BANGELES

As proof thereof, copies of the Memo issued by

As proof of payment by the customers, copies of the

RESPONDENT LAUDRIGO G. BERGONIA, JR.

As proof thereof, copies of the Memo issued by

As proof of payment by the customers, copies of the

RESPONDENT ROWENA L. CASTILLO

As proof thereof, copies of the Memo issued by

RESPONDENT RANDY L. DOMINGO

As proof thereof, copies of the Memo issued by

As proof of payment by the customers, copies of the

13. In the Memo, Respondents were asked to explain

14. To highlight the admissions and flimsy excuses

Sir & mam.

kaya po ko nagawa itong binayad ni

Sir & mam.

Bawat hulog ni ungos kaya minsan Hindi ko

Sir & mam. Nung binayaran ako ni alberto suyat

b) Written by Respondent LAUDRIGO G.

DI KO PO ALAM KONG PAANO ANG NANGYARI.

c) Written by Respondent ROWENA L. CASTILLO:

nagkaroon kasi ako ng problema regarding sa

d) Written by Respondent RANDY L. DOMINGO:

Humihingi po ako ng paumanhin sa kadahilanan

Humihingi po ako ng paumanhin sa kadahilanan

Humihingi po ako ng paumanhin sa kadahilanan

15. As for the other flimsy excuses given by

17. These warnings, however, did not do any good as

18. Thus, Complainant repeatedly demanded the

19. In view thereof, Complainant was constrained to

20. According to our counsel, the elements of

a) Taking of personal property;

21. All of the foregoing elements of Qualified Theft are

22. First, the presence of the first and second

23. Second, the third element is likewise abundantly

24. Third, the element of intent to gain is amply

25. Fourth, equally clear and undisputed is the

26. Fifth, that Complainant never consented to

27. Sixth, that Respondents committed the crime with

29. I am executing this Complaint Affidavit for the

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, We have hereunto set our

JIMMY LLOYD TAN JARRELYN GALVEZ

SUBSCRIBED AND SWORN to before me this __ day