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COMPLAINT - AFFIDAVIT

I, CHARLOTTE DONIA TABILA, of legal age, and a resident of


Poblacion Norte, Sta. Maria, Ilocos Sur, after having been duly sworn to in
accordance with law, do hereby depose and say:

1. That on May 28, 1992 I married Eliseo E. Tabila before Hon.


Edilberto L. Abrero, then Municipal Circuit Trial Court Judge of Sta. Maria,
Ilocos Sur a copy of which is hereto attached as Annex “A”;

2. That said Eliseo E. Tabila is presently known as Christopher


Eleccion Tabila by virtue of a Court Order hereto attached as Annex “B”;

3. That Christopher Eleccion Tabila appears to be the registered owner


of a white Mitsubishi Montero Sports Vehicle bearing Conduction Sticker
No. B0 L949 as shown by photo copies of the said motor vehicle hereto
attached as Annex “C” series;

4. That although the aforesaid motor vehicle was registered under the
name of my husband Christopher Eleccion Tabila, it was I who paid for the
same by borrowing money from my mother;

5. That on February 14, 2018, my husband posted in his Facebook


Account that the said vehicle was given to me as a Valentine’s Day gift as
evidenced by a facebook post he made a copy of which is hereto attached as
Annex “D”;

6. That last March 6, 2019, as I come home in the Philippines, I


noticed that the motor vehicle which was parked at our house at Brgy. Dalig,
Antipolo City, Rizal went missing and was taken without my consent by one
Edzel Caballes Adriatico with residence and postal address at Brgy. San
Rafael, San Esteban, Ilocos Sur;

7. That the incident was duly reported to the Land Transportation


Office, Highway Patrol Group and police authorities as shown by the Extract
Copy of the Police Blotter hereto attached as Annex “E”;

8. That the circumstances herein mentioned are indubitable


manifestations that Edzel Caballes Adriatico is liable for Carnapping defined
and penalized under Republic Act No. 10883 or otherwise known as the
“New Anti-Carnapping Act of 2016,” to wit:

“Section 3. Carnapping; Penalties.— Carnapping


is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent, or by
means of violence against or intimidation of persons, or
by using force upon things.

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Any person who is found guilty of carnapping shall,
regardless of the value of the motor vehicle taken, be
punished by imprisonment for not less than twenty (20)
years and one (1) day but not more than thirty (30)
years, when the carnapping is committed without
violence against or intimidation of persons, or force
upon things; and by imprisonment for not less than thirty
(30) years and one (1) day but not more than forty (40)
years, when the carnapping is committed by means of
violence against or intimidation of persons, or force
upon things; and the penalty of life imprisonment shall
be imposed when the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in the
commission of the carnapping.”

9. As held in the case of People vs. Macaranas y Fernandez (G.R. No.


226846, June 21, 2017), the elements of carnapping are the following:

1) That there is an actual taking of the vehicle;

2) That the vehicle belongs to a person other than


the offender himself;

3) That the taking is without the consent of the


owner thereof; or that the taking was
committed by means of violence against or
intimidation of persons, or by using force upon
things; and

4) That the offender intends to gain from the


taking of the vehicle”;

10. Unlawful taking, or apoderamiento, is the taking of the motor


vehicle without the consent of the owner, or by means of violence against or
intimidation of persons, or by using force upon things; it is deemed complete
from the moment the offender gains possession of the thing, even if he has
no opportunity to dispose of the same. (People vs. Asamuddin, G.R. No.
213913, September 02, 2015);

11. Intent to gain or animus lucrandi is an internal act, presumed from


the unlawful taking of the motor vehicle. Actual gain is irrelevant as the
important consideration is the intent to gain. The term “gain” is not merely
limited to pecuniary benefit but also includes the benefit which in any other
sense may be derived or expected from the act which is performed. Thus, the
mere use of the thing which was taken without the owner’s consent
constitutes gain. (People vs. Fieldad, G.R. No. 196005, October 01, 2014);

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12. By reason of the foregoing, I am charging Edzel Caballes Adriatico
of the crime of CARNAPPING under Republic Act No. 10883 or the “New
Anti-Carnapping Act of 2016.”

IN WITNESS WHEREOF, I have hereunto affixed my signature this


__th day of March 2019, at Poblacio Norte, Sta. Maria, Ilocos Sur.

CHARLOTTE DONIA TABILA

Complainant

SUBSCRIBED AND SWORN to before me this __th day of March


2019. I hereby further certify that I have personally examined the affiant and
that she fully understood the contents hereof.

________________________

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