REPUBLIC OF THE PHILIPPINES )

QUEZON CITY, METRO MANILA ) S.S.

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AFFIDAVIT-COMPLAINT

I, BRYAN VALDERAMA EGUIA, of legal age, Filipino and a

resident of B168 L48 PII Mabuhay City, Mamatid Cabuyao Laguna,
after having been sworn to in accordance with law hereby depose and
state:

1. That am accusing MR. KEVIN RABAGO a resident of

______________ of THEFT.

2. That on January 23, 2017, I was resting at our office’s

lounge and eventually slept;

3. That on that same date, when I woke up, I realized that I

had lost my Xperia X-Performance Black 64g, (herein
after referred to as “Cellular Phone”) phone which I had
placed at the end-side portion of the double deck bed
where I rested and slept;

4. As standard procedure, I verbally reported the incident to

my team manager, and Operations Manager and they
promised to look into it;

5. February 7, 2017, a friend of mine, MARY GRACE JOYA

noticed that our co-worker, KEVIN RABAGO had a new
phone which was very similar to the one I lost;

6. That on February 10, 2017 early in the morning, I

confronted MRS. “JEN” RABAGO, the mother of respondent
KEVIN RABAGO, who was also a fellow co-worker about
KEVIN RABAGO having possession of a stolen phone;

7. That on February 10, 2017 around 5:30am in the morning,

KEVIN RABAGO went to our station and brought the phone
in his possession;

8. At this juncture, myself, MR. EDGARSON DELA CRUZ, my

team leader and KEVIN RABAGO examined the IMEI of the
cellular phone to check its identity and verify if its IMEIs
matches my lost phone’s IMEIs which are all indicated in
the (1) Warranty Receipt and (2) Product Box in my
possession;
 9. Upon checking the phone’s IMEIs, we found out that it was
a complete match;

IMEI1: 358096072063585
IMEI2: 358096072063593

10. When we asked KEVIN RABAGO why he stole my cellular

phone, he denied stealing the same, and argued that he
won the said phone in a computer tournament,
furthermore he refused to return the cellular phone to me;

11. Respondent KEVIN RABAGO, despite my objection, asked

us to allow to him to get the box and show proof that he
indeed won the said cellular phone in a contest, however
he never returned nor did he show proof of his rightful
possession of my cellular phone;

12. Later on, he informed me that he had lost the cellular

phone;

THEFT

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 personal property of another without the latter’s
consent.

Theft is likewise committed by:

Any person who, having found lost property, shall

fail to deliver the same to the local authorities or to
its owner;

13. That attached hereto as Annexes to prove the elements of

the crime of theft:

“A” – Warranty Receipt of the stolen phone indicating the

name of the buyer and its respective IMEIs (International
Mobile Equipment Identity);1

1
A standard IMEI number is a 14 digit decimal string accompanied by an additional check number. The
purpose of an IMEI goes beyond simple identification and the number can be used to block devices from
accessing the cellular network. If your phone is stolen and you notify your service provider, they will block
the device from their network and in some regions other networks too. Police often keep a record of stolen
 “B” – Sworn Affidavit of Team Leader EDGARSON DELA
CRUZ, to prove and attest that the IMEI of cellular phone
in possession of KEVIN RABAGO matches the IMEI of the
cellular phone I bought;

“C” - Signed statement of EDGARSON DELA CRUZ dated

March 29, 2017;

“D” – Incident Report dated February 6, 2017 which I sent

to our operations manager to report that a fellow co-
worker saw KEVIN RABAGO in possession of a cellular
phone which was very similar to the one stolen from me;

“E”- Photographs of the stolen phone;

“F” – Photographs of the Product Box, indicating the IMEIs

of my cellular phone, to prove the phones unique identity.

That I am executing this Complaint-Affidavit for the purpose of

filing the complaint for THEFT against MR. KEVIN RABAGO.

IN WITNESS WHEREOF, I have hereunto set my hand this

____day of April 2017, in Quezon City, Philippines.

BRYAN VALDERAMA EGUIA

Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this _____ day of April,

2017, in Pasig City, Philippines, and hereby certify that I have
personally examined the Affiant and I am satisfied that he voluntarily
executed and understood his complaint affidavit

Assistant City Prosecutor

phones and use IMEI numbers as identification. What is in my Phone’s IMEI and What is it for? available at
http://www.makeuseof.com/tag/phones-imei-makeuseof-explains