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Wednesday, August 21, 2019

Three persons sued for robbery

A BEAUTICIAN and two other women were charged with robbery for allegedly breaking into a salon in Sasa, Davao City on May 4, Thursday.

In a three-page resolution, prosecutor Erna Orilla–Donasco found probable cause to charge Ever Rey “alias Kim” Daganato Vallespin, and two Jane Does, who are all residents of the same area, based on the complaint filed by the salon owner Judith Abad Empasis.

Empasis, in her affidavit, said when she was about to open her salon in the morning, May 4, she found the two padlocks of the rollup door already broken.

According to witness Eliezer Lianto, in a separate affidavit, he saw the accused along with two women watching their two male companions trying to open the door of the salon.

Lianto said he just ignored Kim and his companions believing that they must have lost the keys.

Another witness Nelia Ando, in her affidavit, attested that while she was inside her house on May 3, the accused, who is her co-worker at the salon, invited her to go out with him.

She said she and Kim boarded a car that already had Chuchie Montesclaros Cuartero, whom she described as a secretary of a doctor here, in it and with another woman driving the car.

When they reached the Yuki Salon, Ando said, Kim, Chuchie and the woman alighted from the car.

She added that Chuchie told them she was instructed by the doctor to get his personal belongings inside the salon, which was closed.

Ando told Chuchie not to pursue their plan but the latter called two passersby to help them destroy the lock. When the two padlocks were destroyed, Chuchie paid the man, went inside the salon with Kim and the woman.

The man already left after he was paid. Ando, upon seeing Kim, Chuchie and the other woman, took the items inside the salon.

Empasis, together with the policemen, went to the house of the accused. The latter, during his arrest, admitted to the complainant that he was with Chuchie and JLO, a niece of the doctor, when they took the items.

The complainant, together with the police and with the assistance of the barangay officials in Agdao, went to a clinic, which was closed that time.

But the stolen items owned by the complainant were seen inside through the glass wall. Attached to the complaint are the affidavits of the two witnesses, pictures of the damaged padlock of the rollup door, pictures of the clinic where the stolen items were placed as pinpointed by Kim, among the two other suspects.

The accused and his companions took P120,000 worth of items from the salon, including assorted t-shirts, and cash.

"Sufficient evidence showed that the accused along with his companions entered Yuki Salon, an uninhabited place, which was not a dwelling house, owned by the complainant, by destroying the lock of the door," Orilla–Donasco said.

Orilla-Donasco said the warrantless arrest of the accused was valid considering that he was caught after the incident while Chuchie and JLO, who are still at large, will have to undergo preliminary investigation for the crime committed.
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