REPUBLIC OF THE PHILIPPINES) ) S.S.

AFFIDAVIT-COMPLAINT

I, CESARIO M. CRUZ, of legal age, Filipino, married with business address at No. 26 Sapang Bakaw, Lawang Bato, Valenzuela City depose and state:

1. That I am the Manager and duly authorized representative of Metro North Gas Corporation (MNGC) for brevity, a corporation duly organized and existing under the Philippine laws, with principal address at No.26 Sapang Bakaw, Lawang Bato, Valenzuela City .
Photocopy of the Secretary’s Certificate authorizing Cesario Cruz to file the above-captioned complaint is hereto attached as Annex “A” and made an integral part hereof.

2. That after having duly sworn to in accordance with law, I do hereby accuse FLORO MAGALLANES, driver-collector of Metro North Gas, of legal age with residential address at No.83 P. Faustino St. Valenzuela City, where he can be served with legal processes of the complex crime of ESTAFA WITH ABUSE OF CONFIDENCE under the Revised Penal Code.

3. That the submission and falsification of the trip tickets, sales, invoices and sales reports from January 2008 to September 2009 was committed in Valenzuela City and the misappropriation of the cash sales of the sold LPG air products was committed by the respondent in the following manner to wit:

3.1 That I am the Branch Manager of Metro North Island Air Products Corporation since 2007

3.2 That FLORO MAGALLANES was employed by MNGC since 2006 as sales driver and collector.

3.3 That respondent received LPG cylinders for delivery and sales to customers in Valenzuela City since 2006. That it is incumbent upon him to return unsold LPG cylinders to Plaintiff Corporation in its office in Valenzuela City.

3.4 That on October 1, 2009, I received verbal reports from RENE JOCZON, Branch Accountant about the short/under on floor stock in the daily report on full cylinder floor stock. Photocopies of the Sworn Affidavit of Rene Joczon is hereto attached as Annex B made integral part hereof.

3.5 Acting on the Information that I received from RENE JOCZON , I informed the Management and soon An Audit Team spearheaded by GERVACIO C. SANTOS JR,. arrived on October 2, 2009 to conduct a thorough examination of the money and sales accountability of, respondent as sales driver and collector from January 2008 to September 2009.
Photocopy of the Audit Report dated 10th day of October 2009 is hereto attached as Annex “B”.

3.6 Based on the Audit Report submitted by GERVACIO C. SANTOS, he highlighted in his findings the following to wit:

A) “Upon further checking by the undersigned (Gervacio Santos) of FLORO MAGALLANES previous trip tickets, majority have discrepancies or differences on returned full/backload compared with sales supported by sales invoices. Also noted on F. Magallanes trip tickets were the absence of total cylinder content sold, which should have been indicated below the said trip tickets.

B) That upon checking backwards of F. MAGALLANES sales and trip tickets, A TOTAL OF 38,832 KILOGRAMS , AMOUNTING TO PHP 1,070,231.09 FROM JANUARY 2009 TO SEPTEMBER 2009 WAS MISSING IN THE SALES .WHILE JANUARY TO DECEMBER 2008,TOTALLED TO 21,258.70 KGS AMOUNTING TO PHP 789,930.13.

4. That on 12 October 2009, I requested respondent to explain in writing the discrepancies in his trip tickets and cash sales. Respondent readily admitted to me his wrongdoing and in fact offered his motorcycle as partial payment while the rest will be paid in installment. Photocopy of the Written Explanation of respondent dated 12 October 2009 is hereto attached as Annex “C”.

5. Truth to tell, respondent even turned over the original receipt and certificate of registration of his motorcycle. Magallanes even promised me that the next day he would furnish me a copy of the Deed of Absolute Sale of his motorcycle.

6. That sensing that IAPC would conduct a thorough investigation of the abovementioned financial irregularity, respondent did not report for work prompting IAPC to send two notices to report for work. In addition, I requested our company lawyer to send a demand letter to respondent Magallanes. Photocopies of the Report to Work Notice dated November 13, 2009 and December 13, 2009 and the Demand letter dated 26 October 2009 are hereto attached as Annex “D”, “E” and “F”.

7. Obviously, respondent fearing the filing of criminal case chose not to report for work without any leave of absence. FLIGHT IS INDICATIVE OF GUILT. In spite of the diligent efforts exerted by IAPC, it could no longer locate respondent.

8. In spite of the receipt of said notices which was sent in the given address of the respondent based on their 201 files, respondent failed and refuse to report for work to the damage and prejudice of IAPC.

9. That respondent’s acts of falsifying trip ticket reports to conceal the actual LPG cylinders sold by respondent and misappropriating the undeclared cash sales in the amount of ONE MILLION EIGHT HUNDRED THIRTY SIXTY THOUSAND NINETY PESOS AND 19/100 (Php 1,860,161.22) submitted to Metro North Gas Corporation in its principal office in Valenzuela City IAPC and by refusing and failing to pay the same to IAPC has not only deprived IAPC of the use and enjoyment of said amount to its damage and prejudice.

AFFIANTS FURTHER SAY NONE.

CESARIO M. CRUZ
Affiant

SUBSCRIBED AND SWORN to before me this ______ day of December 2009 at Valenzuela City.

___________________________ Assistant City Prosecutor

CERTIFICATION

I HEREBY CERTIFY that I have personally examined the affiant-complainant and that I am satisfied that he voluntarily executed and understood his Complaint-Affidavit.

___________________________ Assistant City Prosecutor