Republic of the Philippines

Office of the City Prosecutor

Makati

NENITA T. ASUNCION,
Complainant,

versus NPS NO. XV-05-INV-IIB-00326

For: Qualified Theft

ERMALYN T. NAYA,
Respondent.
x------------------------------------x

RESOLUTION

This resolves the complaint for qualified theft filed by Nenita S.

Asuncion against Emalyn T. Naya.

Complainant, in her affidavit, alleges that respondent officially

worked as their house-help on November 15, 2010 as caretaker of her
94-year old mother. During respondent’s stay as house-help,
complainant and her family started to lose money that are kept inside
their bags and wallets while at home. Thus on December 25, 2010, after
she found that out of the Php10,000 kept inside her wallet only
Php3,000.00 was left, she decided to terminate respondent’s
employment.

Complainant further alleges that on December 27, 2010 or few

days after she terminated respondent services, she discovered that most
of her jewelries were gone with all estimated value of more than
Php250,000.00.

Finally, records show that on December 28, 2010, complainant

filed a complaint before the office of the National Bureau of Investigation
(NBI). At the NBI’s office, respondent showed remorse and voluntarily
surrendered some of the pieces of jewelries that she took from the
complainant’s house. She also voluntarily surrendered Ablaza Pawnshop
receipt with serial no. 12829 showing that she pawned complainant’s
one bracelet with charms for Php17,000.00.

/……….
Page two [2]
Resolution
INV-11B-00326
x---------------------x

During the preliminary investigation conducted by this office, no

pleading was submitted by the parties.

Based on the uncontroverted allegations and evidence submitted

by the complainant, this Office finds probable cause to hold respondent
liable for qualified theft for the jewelries recovered from her. There was
unlawful taking of the property belonging to the complainant without the
complainant’s consent. The taking is qualified because respondent was
a domestic servant of the complainant at the time of the commission of
the offense.

WHEREFORE, the undersigned respectfully recommends that

Ermaline T. Naya be charged with qualified theft and the attached
Information be approved for filing in court. No bail recommended.

LODY Q. TANCIOCO
Assistant City Prosecutor

Approved:

FOR THE CITY PROSECUTOR

EDGARDO G. HIRANG
Senior Assistant City Prosecutor

Copy furnished:

Nenita T. Asuncion
Lot 2, Blk. 200, Lirio St.,
Pembo, Makati City

Ermalyn T. Naya
422 Marcos Road, Moriones,
Tondo, Manila

LQT/sherly
2/9/11 – 3/6/11
4/12/11 – 4/15/11
 REPUBLIC OF THE PHILIPPINES
REGIONALT RIAL COURT
National Capital Judicial Region
Branch ____, Makati

PEOPLE OF THE PHILIPPINES,

Plaintiff,

versus Criminal Case No.

(NPS NO. XV-05-INV-IIB-00326)
For: Qualified Theft of THE
ERMALYN T. NAYA REVISED PENAL CODE
(No. 422 Marcos Road, Art. 310
Moriones, Tondo, Manila)
Accussed.
x--------------------------------x

I N F O R M A T I O N

The undersigned Prosecutor accuses ERMALYN T. NAYA of the

crime of qualified theft of THE REVISED PENAL CODE art. 310, committed as

follows:

Sometime during the month of December 2010, in the

city of Makati, the Philippines, accused being employed as a
house-help of the complainant Nenita T. Asuncion, with
intent to gain, did there and then willfully, unlawfully and
feloniously take, steal and carry away several jewelries with
the total amount of more than Php250,000, with grave abuse
of confidence and without the knowledge and consent of the
owner thereof belonging to the complainant without her
consent to the latter’s damage and prejudice the total
amount of more than Php250,000.

CONTRARY TO LAW.

LODY Q. TANCIOCO
Assistant City Prosecutor
Page two [2]
Information
INV-11B-00326
x-------------------x

I HEREBY CERTIFY that I have conducted a preliminary

investigation in this case in accordance with law; that I have, or as
shown by the record, an authorized officer has personally examined the
complainant and his witnesses; that on the basis of the sworn
statements and other evidence submitted before me there is reasonable
ground to believe that the crime has been committed and that the
accused is probably guilty thereof, that the accused was informed of the
complaint and of the evidence submitted against her and was given the
opportunity to submit controverting evidence. I further certify that the
filing of this Information is with the prior authority or approval of the City
Prosecutor.

LODY Q. TANCIOCO
Assistant City Prosecutor

SUBSCRIBED AND SWORN to before me this 15 th day of April 2011

at Makati.

RENATO M. PAMBID
Assistant City Prosecutor
Witnesses:

1. Nenita T. Asuncion - Lot 2, Blk. 200, Lirio Street, Pembo, Makati

2. And others.

No bail recommended