Republic of the Philippines ) City of Iligan ) S.s.

AFFIDAVIT-COMPLAINT I, JUAN DELA CRUZ, of legal age, married and a resident Tubod, Iligan City, after having been duly sworn to oath in accordance with law, do hereby aver the following facts, THAT:
1. I am formally charging PEDRO DIAZ, a resident of Tibanga, Iligan

City, with the crime of THEFT as defined under Article 308 of the Revised Penal Code; 2. The facts antecedent to this complaint are as follows: On July 1, 2012, I bought a book entitled, Remedial Law Reviewer, 2012 edition, which is authored by Atty. Tranquil Salvador, for a price of P 2, 000.00. (Attached hereto as Annex A is a copy of an Official Receipt issued to me by the Rex Book Store);
a.

On July 7, 2012, from 6 oclock to 9 oclock in the evening, I was using the said book during our class in remedial law review;
b.

After our class was dismissed, I immediately went out of the classroom and directly proceeded to my car;
c.

While I was driving my car towards the gate, I realized that I left the said book in our classroom, particularly, Room 202 of the CBA Building of MSU-IIT;
d.

e. I immediately went back to our classroom and look for my book. However, to my disappointment, the book was no longer there; Thereafter, I called my classmate, Cris Lee, who was seating right next to me during our class. He told me that he noticed an undergraduate student whom he later found out to be Pedro Diaz, as the one who took my book;
f.

On July 10, 2012, I confronted Pedro Diaz and asked him about my book. He said that he already gave it to the Office of the Security Officer of MSU-IIT;
g.

However, when I went to the abovementioned office, the security officers denied having received my boor or any book similar to mine;
h. 3. I am executing this Affidavit-Complaint in order to attest the veracity of the

foregoing statements and for the purpose of formally charging PEDRO DIAZ, with the crime of Theft as defined under Article 308 of the Revised Penal Code.

IN WITNESS HEREOF, I have hereunto set my hand this 15th day of July 2012, in Iligan City. JUAN DELA CRUZ Complainant SUBSCRIBED AND SWORN to before me this 15th day of July 2012, in Iligan City. Affiant exhibited to me his SSS ID 12334, bearing his picture and signature, as proof of his identity. Certification This is to certify that I have personally examined the above-named Complainant; that the Complainant has read and fully understood the foregoing statements and that I am fully satisfied that such statements are within his personal knowledge.

Jane Yap Public Prosecutor

Republic of the Philippines) City of Iligan ) s.s.

COUNTER-AFFIDAVIT
I, PEDRO DIAZ, of legal age, single, and a resident of Tibanga, Iligan City after having been duly sworn to in accordance with law, do hereby depose and say:
1. That I am the respondent in a criminal complaint for Theft now pending

preliminary investigation with the City Prosecutors Office of Iligan, certain Juan Dela Cruz;

filed by a

2. That I specifically and vehemently deny the accusations of Juan Dela Cruz that I

stole his book, for the truths of the matter are as follows:
a) While it is admitted that on July 7, 2012, I found a book entitled

Remedial Law Review by Atty. Tranquil Salvador, in Room 202 of the CBA Building of MSU-IIT;
b) Admittedly, I took the book. But my intention was really to turned it

over to the Office of the Security Officer (OSO), which I actually did; c) I have no intention of gainfully using it and more so, stealing it since I am not a law student;
d) In fact, the reason why I turned it over to the OSO because there

was nothing written whatsoever in the said book about its owner. I was just concerned that someone might steal it, and for this reason, I found it appropriate to give it the OSO in order to place it in the lost and found section. e) Simply put, the essential element of theft which is intent to gain is not present in this case. 3. Thus, I am respectfully praying the Honorable Investigating Prosecutor to dismiss the instant criminal complaint for lack of probable cause. 4. I am executing this counter-affidavit in order to attest the veracity of the foregoing statements. IN WITNESS HEREOF, I have hereunto set my hand this 18th day of July 2012, in Iligan City. PEDRO DIAZ Respondent

SUBSCRIBED AND SWORN to before me this 18th day of July 2012, in Iligan City. Affiant exhibited to me his Postal ID 777, bearing his picture and signature, as proof of his identity. Jane Yap Public Prosecutor

Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES 12th Judicial Region Branch ____, Iligan City PEOPLE OF THE PHILIPPINES, Plaintiff, -versusPEDRO DIAZ, Accused. x-------------------------/ CRIM. CASE No.____ For: Qualified Theft

INFORMATION
The undersigned Prosecutor accuses PEDRO DIAZ of the crime of Theft, committed as follows: That on or about the 7th day of July 2012 in the City of Iligan, within the jurisdiction of this court, the said accused willfully, unlawfully, and feloniously, with intent to gain and without the consent of the owner thereof, took, stole and carried away a book entitled Remedial Law Reviewer by Atty. Tranquil Salvador, 2012 edition, owned by Juan dela Cruz valued at P 2,000.00 to the damage and prejudice of the said owner in the aforesaid sum. CONTRARY to and in VIOLATION of Article 308 of the Revised Penal Code. Iligan City, July 30, 2012 . Jane Yap Assistant Prosecutor WITNESSES: Cris Lee Others reserved. CERTIFICATION I hereby certify that I have personally examined the complainant and his witnesses; that there is a reasonable ground to believe that a 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 him; and that he was given an opportunity to submit controverting evidence. Jane Yap Assistant Prosecutor SUBSCRIBED AND SWORN to before me this 30th day of July, 2012 in the city of Iligan. Mike Perez

Public Prosecutor APPROVED BY: Dan Sy City Prosecutor