REPUBLIC OF THE PHILIPPINES

TACLOBAN CITY, LEYTE) S.S.

COMPLAINT-AFFIDAVIT
I, GINA F. VILLAS, Filipino, single, of legal age, with office
address at Brgy. Cabalawan, Tacloban City, Leyte, after
having been sworn in accordance with law, do hereby depose
and state THAT:

1. I am the owner of Echoz Stone Hollow Block Maker

located at Brgy. Cabalawan, Tacloban City, Leyte;

2. Respondent ROEL DELOS REYES is a Filipino, of legal

age; a resident of Brgy. Bongabong, Town of Lisao,
Province of Mindoro, where he may be served with
summons and orders of this Honorable Office.

3. Respondent ROBERTO DAYOC alyas BOY is a

Filipino, of legal age; a resident of Brgy. Suhi, North
Hill Subdivision, Tacloban City, where he may be
served with summons and orders of this Honorable
Office.

4. Sometime in August 15, 2017 at around 6 in the

evening, the above-named respondents together with
two other unidentified respondents, confederating
together and mutually aiding each other, with intent of
gain by means of force upon things, that is by
breaking through the fence made of barbed wire and
passing/entering through the same;

5. Once inside, did then and there willfully, unlawfully

and feloniously take, rob and carry away the following
items, to wit:

Four Hundred (400) pieces Size 4 Hollow Block Pallets

Four Hundred Fifty (450) pieces Size 6 Hollow Block
Pallets
 all belonging to the said complainant, to the damage
and prejudice of the latter in the total amount of
P93,500.

6. The respondents then carried the hollow block plates

outside of the establishment;

7. In order to avoid identification, they burned some

pieces of plywood and in effect, the smoke which was
created by the burning wood blurred the images
caught by the CCTV cameras installed in the
establishment;

8. The two unidentified respondents was outside the

establishment and served as lookouts;

9. Despite their actions, the above-mentioned

respondents were positively identified by witnesses
who were present in the area during the time of the
incident, whose names are stated in their Joint-
Affidavit hereto attached as Annex A;

10. In addition, the said findings were forwarded to our

lawyers for further evaluation and possible filing of
criminal and/or civil cases. Accordingly, our lawyers
determined that herein Respondents may be held
criminally liable on account of their fraudulent
scheme.

11. According to our lawyers, Respondents may be

charged with Robbery with Force Upon Things under
Article 293 of the Revised Penal Code;
 12. Article 293 of the Revised Penal Code provides as
follows:

any person who, with intent to gain, shall take any

personal property belonging to another, by means of
violence or intimidation of any person, or using force
upon anything shall be guilty of robbery.

Our lawyers explained that this crime is committed when

all the following elements are present, to wit:

a) That there be personal property belonging to

another;

b) That there is unlawful taking of that

property;

c) That the taking must be with intent to gain;

and

d) That there is violence against or

intimidation of any person, or force upon
anything.

13. In this case, the Respondents confederated with one

another and to break through the fence made of
barbed wire, enter the establishment and unlawfully
take the hollow block pallets;

14. It can be gleamed from the given facts that

Respondents actions were in relation to the
attainment of a common objective, which is to
unlawfully take the hollow block pallets from the
complainants establishment. This is revealed by the
 respondents various roles in the nefarious scheme to
rob the establishment.

13. Thus, all the respondents must be held equally

liable because in conspiracy, the act of one is the act
of all. In summary, all of respondents acts, from the
command of the above-mentioned respondents to
break the fence made of barbed wire to enter the
establishment to unlawfully take the hollow block
pallets to the carrying out of such orders indicate one
criminal design and leads to the unavoidable
conclusion that all of the respondents are in cahoots to
rob Echoz Stone Hollow Block Maker.

14. As a result of the said scheme, Gina F. Villas

suffered damages on account of P 93,500.

I am executing this Complaint-Affidavit to attest to the

truth of the foregoing facts and for the purpose of filing
criminal cases against Respondents ROEL DELOS REYES and
ROBERTO DAYOC alyas BOY as co- conspirators for the
crime of Robbery with Force Upon Things under Article
293 of the Revised Penal Code.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand
this _____ day of AUGUST 2017 at _______ in Tacloban
City, Leyte

GINA F. VILLAS
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of
________ 2017 in Tacloban City, Leyte. I hereby certify
that I have personally examined the Affiant and I am
satisfied that he has read and understood the contents of
the foregoing Complaint-Affidavit and that he voluntarily
executed the same.

Doc. No.: ________

Page No: ________
Book No: ________
Series of 2017