REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
LEGAZPI CITY

CHARMS Co., and Brielle Mishca Nixon

Complainant

vs. Criminal Case. No. ____________

For: Estafa

Cacce Vervanna Santoza,

Respondent.
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COMPLAINT-AFFIDAVIT

I, BRIELLE MISHCA NIXON, Filipino, of legal age, and with residence at Brgy. San
Joaquin, Rawis, Legazpi City, after having been duly sworn in accordance with law, hereby depose and
state that:

1. I am the present General Manager of Chrystal Rings Management Inc., popularly

known as CHARMS Co. Said company being a domestic corporation is engaged in selling and
distributing variety of gold rings and beauty products, such as MAC, Kylie Lips, Wet 'N Wild,
and Revlon, to different points of the country.

2. Our Company holds its main office on PRTI Building , 143 Rizal Street, Old Albay,
Legazpi City.

3. That along with my duties and responsibilities, as such, is to represent my company,

CHARMS Co., before any court, tribunal, or judicial agency to protect its interest.

4. As earlier stated, our Company is engaged in the selling and distribution of variety of
gold rings and beauty products on various delivery point of the country and principal to our
operations are our employment of purchasing officers who are in charge of procuring, for the
company, beauty products of best quality, from various suppliers, at the best price.

5. That in order for our purchasing officers to procure beauty products from the suppliers,
and as a matter of practice, our company, CHARMS Co., deposits funds into the payroll
accounts of our purchasing officers which they can use to pay the suppliers.
6. Among our purchasing officers is Ms. Cacce Vervanna Santoza (Cacce), who is
assigned in our main office in Legazpi City.

7. That Ms. Cacce has an existing company payroll bank account created by our Company
for her as our purchasing officer.

8. That during the period of May to June 2016, Ms. Cacce ordered for and in behalf of
CHARMS Co. several packages of MAC products including lipsticks and concealers from our
regular supplier, Ms. Gianneli Myrcella de Luca in Manila.

9. That on about the same period, Ms. Gianneli delivered the said packages to CHARMS
Co. worth Php 143, 000.00.

10. That on the time of order and delivery of the packages to CHARMS Co., Ms. Cacce had
sufficient funds in her account to pay for the said order. However, she failed to pay our supplier
the due amount which compelled Ms. Gianneli to seek payment directly from our company,
CHARMS Co.

11. That Ms. Gianneli and CHARMS Co. have duly settled the obligation as evidenced by
her sworn statement dated July 3, 2016.

12. That on July 15, 2016, after conducting an investigation, Ms. Cacce was suspended for
several policy violations, among which were misappropriation of the companys funds, as well
as asking for commission from its suppliers.

13. That on several occasions, we have demanded Ms. Cacce, through proper channels, to
turn over the companys funds that are in her possession but such demands went unheeded.
Further, Ms. Cacce has not reported back for work despite the lapse of her suspension period of
one month, ending August 15, 2016.

14. That our company, CHARMS Co., through a letter dated August 16, 2016, have formally
demanded from Ms. Cacce the return of the Php 143, 000.00 which should have been paid to
Ms. Gianneli. The said demand letter is attached herein as Annex A.

15. That as of the writing of this affidavit, the said demand has not been answered.

16. That the acts of Ms. Cacce meets the elements of the crime of Estafa under Article 315
1(b), Revised Penal Code which are:

a. That the money, good or other personal property is received by the offender in trust, or
on commission, or for administration, or under any other obligation involving the duty to
make delivery of, or to return, the same;
b. That there be misappropriation or conversion of such money or property by the
offender or denial on his part of such receipt;
c. That such misappropriation or conversion or denial is to the prejudice of another;
d. That there is a demand made by the offended party on the offender.

17. That in receiving the funds we deposited in her account and not using it to pay Ms.
Gianneli as what was agreed upon, Ms. Cacce caused prejudice to our company CHARMS Co.
 Such prejudice occurred when we paid Ms. Gianneli the sum of Php 143, 000.00.

18. Therefore, I am executing this affidavit to attest to the truth of the foregoing facts and
for the purpose of charging Ms. Cacce Vervanna Santoza, residing at San Roque, Legazpi City
for committing the crime of Estafa, as provided for in Section 1, paragraph (b), of Article 315 of
the Revised Penal Code of the Philippines.

AFFIANT HAS NO FURTHER STATEMENTS.

IN WITNESS WHEREOF, I have set my set my hand this 20th day of August, 2016 at Legazpi
City, Philippines.

Chrystal Rings Management Inc.

C/O Brielle Mishca Nixon
General Manager
Affiant
 VERIFICATION AND CERTIFICATION

I, BRIELLE MISHCA NIXON, Filipino, of legal age, and with residence at Brgy. San Joaquin,
Rawis, Legazpi City, General Manager of Chrystal Rings Management Inc., after having been duly
sworn in accordance with law, hereby depose and state that:

1. I am the complainant in the above-stated case;

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies and documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the Super
Court, the Court of Appeals, or any other Tribunal or Agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other Tribunal or Agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before
the Supreme Court, Court of Appeals, or any other Tribunal or Agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

Chrystal Rings Management Inc.

C/O Brielle Mishca Nixon
General Manager
Affiant

SUBSCRIBED AND SWORN to before me this 21st day of August, 2016 at Legazpi City,
Philippines. I HEREBY CERTIFY that I have personally examined the herein offended party and I am
satisfied that they voluntarily executed and understood their given affidavit.

PROSECUTOR MAE L. BORLAGDATAN

OFFICE OF THE CITY PROSECUTOR
LEGAZPI CITY

WITNESS:

Atty. Rainier Giann Aligerri

Private Counsel
 ANNEX A

DEMAND LETTER

August 16, 2016

Ms. Cacce Vervanna Santoza

San Roque, Legazpi City

Dear Madam:

Greetings!

In behalf of Chrystal Rings Management Inc., I, Brielle Mishca Nixon, as the General Manager
of the Company, demands from you the amount of PhP 143, 000.00 as deposited in your account for the
sole purpose of paying to it a certain Ms. Gianneli Myrcella de Luca for the purchase of cosmetic
supplies which, evidently, you neglected to pay as a trusted employee of the company.

We would like you to be notified that this will be the last time CHARMS Co. will be sending
you a demand letter and non-compliance with your obligation to pay us within a period of three days
from receipt hereof will subject us to engage in legal actions.

Thank you.

Sincerely,

Ms. Brielle Mishca Nixon

General Manager
Chrystal Rings Management Inc.
CHARMS Co.
Complainant