Office Of The Provincial Prosecutor Notice

I gave this exact notice to Pitt so she can send it to whomever is concerned (same day we received)

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Republic of the Philippines

DEPARTMENT OF JUSTICE

OFFICE OF THE PROVINCIAL PROSECUTOR

***********************

XXXXXXXXXXXXX

- Complainant,

-versus- I.S. No. 08-Mar-258-1

For viol. Of Art. 310, qualified theft

XXXXXXXXXXXX

-Respondent.

x-----------------------------x

RESOLUTION

Despite subpoena sent to respondent, he failed to appear during the preliminary investigation. Neither did he file any counter-evidence.

Evidence disclosed that respondent XXXXXX was employed as truck driver at ****************** in XXXXXXXXXXXXXXXXXXX. On February 5, 2008, said respondent was tasked to drive the company’s Elf Truck and deliver construction materials. Respondent was accompanied by another ************ driver B'san, who was tasked to collect payments from their customers.

Construction materials were delivered to the following customers.

Name of customer Amount Place of Payment

1. Sylvia dela Cruz P32,220.00 Labrador, Pangasinan

2. Raul Maceda P5,500.00 Sta. Cruz, Zambales

PNB Check in the

Amount of P7,740.00

3. Daires Trading P14,300.00 Sta. Cruz, Zambales

4. Martinez Trading P21,881.32 Infanta, Pangasinan

5. Alex Novera P2,250.00 Sta. Cruz, Zambales

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P 102,597.56

plus the PNB Check amounting to P7,740.00

When they reached Masinloc, Zambales, they were about to deliver construction materials at DELBEGA Trading but said establishment was already closed because it was 10:00 o’clock in the evening prompting them to park their truck opposite said establishment and slept inside the vehicle.

Before they rested, B'san arranged the money he collected from customers. Thereafter, he asked permission from XXXX to put the money inside XXXXX’ bag. At around 2:00 A.M. of the following day, B'san woke up and found XXXX and the money missing. He immediately reported the matter to his superior officer.

On February 7, 2008, XXXXX resurfaced escorted by his siblings. He returned the P28,500.00 cash plus the PNB check with the amount of P7,740.00. He likewise executed a hand-written declaration to the effect that the money surrendered were part of the collection as payments of the construction materials. To the present time, however, respondent refused to return the rest of the money.

WHEREFORE, based on the uncontroverted evidence of complainant, probable cause exists to charge the respondent for the crime of Qualified Theft. Let the information be filed in court.

SO RESOLVED.

August 13, 2008, )))))))))))))))).

XXXXXXXXXXXXXXXXXXXxx (Signed)

!st Assistant Provincial Prosecutor

APPROVED:

XXXXXXXXXXXXXX (Signed)

Provincial Prosecutor

Copy furnished: