Republic of the Philippines)

Davao City……………………)s.s.
x---------------------------------------x

AFFIDAVIT-COMPLAINT

I, JOERWYN Q. CUDAL, of legal age, Filipino, married and a

resident of Davao City, Philippines, and with business and mailing address
at c/o AKTIV MULTI TRADING CO. PHILS. INC., Door No. 205, GRDC
Building, Km. 7, Lanang , Davao City, Phi;ippines after having been duly
sworn to in accordance with law, do hereby depose and say that;

1. I am the Credit and Collection Head of AKTIV MULTI TRADING CO.

PHILS. INC., with business address at Door No. 205, GRDC Building, Km.
7, Lanang , Davao City, and as such I am authorized to execute this
Affidavit Complaint.1

2. I personally know MR. JULIE B. LLAMO (Mr. Llamo for brevity) who is of
legal age, Filipino, married and with last known address
at______________________, Philippines.

3. Mr. Llamo worked as ACCOUNT FACILITATOR of AKTIV MULTI

TRADING CO. PHILS. INC. and with address at Door No. 205, GRDC
Building, Km. 7, Lanang , Davao City;

4. Mr. Llamo being an ACCOUNT FACILITATOR of AKTIV MULTI

TRADING CO. PHILS. INC., is authorized to sell company products to
potential customers, and as such he is also authorized to withdraw stocks
from the company for delivery to the customers, likewise at times he is
also authorized to receive payments due to the company. As Account
facilitator Mr. Llamo occupied a position of trust and confidence.

5. On several occasions, Mr. Llamo was able to sell on credit company

products to various customers as evidenced by the following Charge
Invoices, to wit:

Charge to: Charge Amount Date Annex

(Name of Customer) Invoice
No.
ANNA LIZA ARQUILLANO 006602 P 21,620.00 08/19/2014
ANNA LIZA ARQUILLANO 009399 P 120,000.00 05/20/2015
CECILIO GASAL 008576 P 7,200.00 02/21/2015
1
A copy of the Secretary Certificate is hereto attached and marked as ANNEX “A.”

1
 DOMINADOR N. CALAMBA 008479 P 10,710.00 02/21/2015
HNT FARM 009086 P 6,900.00 04/14/2015
HNT FARM 010302 P 16,072.00 03/27/2015
MAXIMO GONZAGA 006184 P 23,656.00 07/07/2014
RAMIL JAINAR 010307 P 9,356.00 03/27/2015
RODULFO 008834 P 46,300.00 03/18/2015
CAMPOREDONDO
ROLLY SADIO 009993 P 42,500.00 07/24/2015
ROLLY SADIO 010870 P 21,000.00 10/28/2015
ROLLY SADIO 010939 P 18,750.00 11/05/2015
TEODORO H. GARCIA 008381 P 21,976.00 02/02/2015
JIASON PANDAYAN 007088 P 17,080.00 10/02/2014

B.G.V. AGRICULTURAL 010589 P 7,400.00 09/23/2015

SUPPLY
ABG FARM SUPPLY 010596 P 117,600.00 09/28/2015

NCT AGRI-SUPPLY 010739 P 145,200.00 10/15/2015

NCT AGRI-SUPPLY 010761 P 52,400.00 10/15/2015

ABG FARM SUPPLY 010937 P 184,800.00 11/05/2015

ROLLY SADIO 010939 P 18,750.00 11/05/2015

B.G.V. AGRICULTURAL 011040 P 29,600.00 11/16/2015

SUPPLY
SURVIVE MARKETING 012383 P 10,400.00 05/13/2016
PANGKABUHAYAN AGRI- 012384 P 87, 200.00 05/13/2016
SUPPLY

6. Upon audit of the above-mentioned accounts by the Accounting

Department of AKTIV MULTI TRADING CO. PHILS. INC., it was then
found out that there were unpaid amounts due to the company pertaining
to the accounts handled by Mr. Llamo; NOTE: CAN WE PROVIDE SUCH
AUDIT REPORT?

7. Upon verification with Mr. Llamo on June 23, 2016, he admitted to Mr.
Rito C. Opao, Finance and Accounting Head and to Mrs. Elenita A.
Dumaran, Finance Supervisor, that he had collected money on several
occasions from various customers and did not remit the same to the
company. Mr. Llamo prepared a list of "NOT REMITTED
COLLECTIONS" dated June 27, 2016, to wit:

LIST OF NOT REMITTED COLLECTIONS

CUSTOMERS SI# AMOUNT

Anna Liza Arquillano 6602 P 460.00
Anna Liza Arquillano 9399 P 120,000.00
2
 Cecilio Gasal 8576 P 7,200.00
Dominador Calamba 8479 P 10,710.00
HNT Farm 9086 P 6,900.00
HNT Farm 10302 P 16,072.00
HNT Farm 8834 P 46,300.00
Maximo Gonzaga 6184 P 23,656.00
Ramil Jainar 10307 P 9,856.00
Rodulfo Camporedondo 8834 P 46,300.00
Rolly Sadio 9993 P 42,500.00
Rolly Sadio 10870 P 21,000.00
Rolly Sadio 10939 P 18,750.00
Teodoro Garcia 8381 P 21,976.00
ABG P 113,000.00

Jiason Pandayan 7088 P 9,580.00

TOTAL P 484,032.00

The "List of Not Remitted Collections" prepared by Mr. Llamo and is

hereby attached and made integral to this Affidavit-Complaint as Annex
"___;" The Affidavit of Mr. Rito C. Opao, Finance and Accounting Head is
attached as Annex "__" and made integral to this Affidavit-Complaint; The
Affidavit of Mrs. Elenita A. Dumaran, Finance Supervisor is likewise
attached as Annex "__" and made integral to this Affidavit-Complaint;

8. Upon further verification with Mr. Llamo, on July 27, 2016 he personally
admitted to me that he collected cash from the customers indicated in the
list that he prepared (Annex "__") and that he did not remit the said
amounts to the company and that he further admitted that he used said
collections for his personal gain and benefit;

9. Mr. Llamo apparently abused the trust and confidence reposed upon him
as Account Facilitator of AKTIV MULTI TRADING CO. PHILS. INC, when
he devised and executed such scheme to take money from the various
customers/creditors with intent to gain and did not remit the said
collections to the company and used the same for his personal gain and
benefit. The taking of the cash by Mr. Llamo on several dates was
without violence against or intimidation of persons or with force upon
things.

10. Clearly, Mr. Llamo gravely abused the trust and confidence reposed upon
him by as Account Facilitator of AKTIV MULTI TRADING CO. PHILS.
INC. The amounts taken from the customers on several dates correspond
to the uncollected amount from said accounts as indicated in the AUDIT
REPORT duly prepared by the Finance and Accounting Department. The
Audit Report prepared by the Finance and Accounting Department is

3
 attached as Annex "__" and made integral to this Affidavit-Complaint;
(MAKABUHAT MO ANI OR NAA MO ANI?)

11. Clearly, Mr. Llamo with intent to gain but without violence against or
intimidation of persons nor force upon things, did then and there willfully,
unlawfully and feloniously, with grave abuse of confidence and without
the consent and knowledge of complainant, AKTIV MULTI TRADING
CO. PHILS. INC. steal and use for his personal gain and benefit the
COLLECTIONS from the various customers of the company, which Mr.
Llamo is obligated to convey to AKTIV MULTI TRADING CO. PHILS.
INC..

12. The elements of Qualified Theft committed with grave abuse of confidence
are as follows:

1. Taking of personal property;

2. That the said property belongs to another;
3. That the said taking be done with intent to gain; and
4. That it be done without the owners consent;

13. It is my humble submission that Mr. Llamo, may be held liable for several
counts of Qualified Theft punishable under article 310 of the Revised Penal
Code.

THERE IS PROBABLE CAUSE TO

INDICT MR. LLAMO,

14. A finding of probable cause needs only to rest on evidence showing that
more likely than not a crime has been committed by the suspects. It need
not be based on clear and convincing evidence of guilt, not on evidence
establishing guilt beyond reasonable doubt, and definitely not on evidence
establishing absolute certainty of guilt. In determining probable cause, the
average man weighs facts and circumstances without resorting to the
calibrations of the rules of evidence of which he has no technical
knowledge. He relies on common sense. What is determined is whether
there is sufficient ground to engender a well-founded belief that a crime
has been committed , and that the accused is probably guilty thereof and
should be held for trial. It does not require an inquiry as to whether there
is sufficient evidence to secure a conviction.2

15. Apropos thereto, for the public prosecutor to determine if there exists a
well-founded belief that a crime has been committed, and that the suspect
is probably guilty of the same, the elements of the crime charged should, in
2
G.R. No. 171435, July 30, 2008, 560 SCRA 518.

4
 all reasonable likelihood, be present. This is based on the principle that
every crime is defined by its elements, without which there should be, at
the most, no criminal offense.3

16. With these precepts in mind, it is my humble submission that given the
overwhelming evidence of culpability of Mr. Llamo, he should be held
liable for Qualified Theft;

17. I am executing this Affidavit-Complaint to attest to the truth of the

foregoing facts and for the purpose of praying that the Honorable
Prosecutor indict MR. JULIE B. LLAMO, who is of legal age, Filipino,
married and with address at _________________________, Philippines, for
several counts of QUALIFIED THEFT committed on ______________, all
committed in Davao City, Philippines.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of

June 2017 at Davao City, Philippines.

JOERWYN Q. CUDAL
Affiant
Valid ID ____________________

SUBSCRIBED AND SWORN to before me this ___ day of ________ at

Davao City, Philippines. I hereby CERTIFY that I have personally examined the
Affiant and that I am satisfied that she has voluntarily executed and understood
the contents of the foregoing affidavit.

3
Ang-Abaya v. Ang, G.R. No. 178511, December 4, 2008, 573 SCRA 129, 143.