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Sample Affidavit Complaint

Sandy Martin Sollegue filed a complaint against Paulo Avenido for theft of his road bike. On December 10, 2021, Sollegue left his home in an emergency and returned to find his bike missing. A neighbor, Joseph Salazar, saw Avenido riding a bike matching the description. The police discovered footprints and tire tracks at the scene. The next day, with a search warrant, police found the bike at Avenido's home. Avenido claimed a relative abroad gifted it to him but provided no proof. Sollegue believes Avenido stole the bike and is filing a complaint for theft.

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CHRISTIAN ALLEN S. LOPENA
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783 views3 pages

Sample Affidavit Complaint

Sandy Martin Sollegue filed a complaint against Paulo Avenido for theft of his road bike. On December 10, 2021, Sollegue left his home in an emergency and returned to find his bike missing. A neighbor, Joseph Salazar, saw Avenido riding a bike matching the description. The police discovered footprints and tire tracks at the scene. The next day, with a search warrant, police found the bike at Avenido's home. Avenido claimed a relative abroad gifted it to him but provided no proof. Sollegue believes Avenido stole the bike and is filing a complaint for theft.

Uploaded by

CHRISTIAN ALLEN S. LOPENA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES )

TAGBILARAN CITY, BOHOL ) S.S.


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

AFFIDAVIT-COMPLAINT

I, SANDY MARTIN SOLLEGUE, of legal age, Filipino and a


resident of Booy, Tagbilaran City, Bohol, after having been sworn to
in accordance with law hereby depose and state:

1. That am accusing MR. PAULO AVENIDO a resident of


Booy, Tagbilaran City of THEFT.

2. That on December 10, 2021, In the morning I arrived at


my home on my road bike and shortly after I immediately
left my home due to an emergency call from my mother
telling that my father had a stroke and was admitted to
the hospital;

3. That on that same date, I confirmed that my father was


ok and returned home only to find that my road bike was
gone;

4. Frustrated, I went to ask my neighbor, Joseph Salazar if


he knew the whereabouts of my road and bike and he
told me that he saw a man named “Paulo Avenido” riding
a bike that looked similar to mine;

5. As standard procedure, I went to the police station with


Joseph Salazar to report the incident, after filing a police
blotter the police accompanied me back to my house to
investigate;

6. On arrival, the police officers discovered footprints


besides mine on the crime scene and tire tracks from my
road bike, they told me that to further the investigation
they had to apply for a search warrant and that I and my
neighbor, Joseph Salazar should accompany them to the
residence of Paulo Avenido tomorrow;

7. That on December 11, 2021 early in the morning, We


confronted MR. PAULO, about him having possession of
the stolen road bike;
8. At this juncture, myself, MR. JOSEPH SALZAR observed as
the police team presented the search warrant to PAULO
AVENIDO before entering his house, a bike was shortly
discovered in the living room shortly after.

9. Upon checking the bike it was indeed the very road bike I
owned;

10. When the police asked PAULO AVENIDO where he got the
road bike, he denied stealing the same, and argued that
he got it as a gift from a relative abroad;

11. Respondent PAULO AVENIDO, despite my objection,


asked us to allow to contact said relative to show proof
that he indeed got it as a gift, however he never showed
proof of his rightful possession of my road bike;

THEFT

Art. 308. Who are liable for theft. — Theft is committed


by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon
things, shall take personal property of another without
the latter’s consent.

Theft is likewise committed by:

Any person who, having found lost property, shall


fail to deliver the same to the local authorities or
to its owner;

13. That attached hereto as Annexes to prove the elements


of the crime of theft:

“A” – Receipt of the stolen road bike indicating the name


of the buyer and product description;

“B” – Sworn Affidavit of JOSEPH SALAZAR, to prove and


attest that the road bike in possession of PAULO
AVENIDO matches the road bike I bought;

“C” - Police Blotter Report

“D” – Receipt of bike parts


“E”- Photographs of the stolen road bike;

“F” – Photographs of footprints, indicating they match


one of PAULO AVENIDO’s sandals

“G” – PAULO AVENIDO’s sandals

That I am executing this Complaint-Affidavit for the purpose of


filing the complaint for THEFT against MR. PAULO AVENIDO.

IN WITNESS WHEREOF, I have hereunto set my hand this 10


day of January 2021, in Tagbilaran City, Philippines.

SANDY MARTIN SOLLEGUE


Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this 11 day of


January, 2021, in Tagbilaran City, Philippines, and hereby certify that
I have personally examined the Affiant and I am satisfied that he
voluntarily executed and understood his complaint affidavit

Assistant City Prosecutor

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