Complaint Affid
August 1, 2022 | Author: Anonymous | Category: N/A
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REPUBLIC OF THE PHILIPPINES) CITY OF MANILA
) S.S. COMPLAINT AFFIDAVIT
I, SOON CHOON KIM of legal age, Korean National, married, a resident of 3 D Ligaya Street, Isadora Hills Subdivision, Barangay Holy Spirit, Quezon City, after having been duly sworn in accordance with law, depose and state that: 1.
I am the owner of Jeon Won Family KTV located at Brgy. Holy Spirit, Quezon City, as evidenced by the ___________ dated ____ April, 2009, entered into between me and Mr. KIM TAE CHUL, residing at No. _____, Don Antonio Street, Commonwealth Avenue, Quezon City, in the amount of FIFTY MILLION KOREAN WON or its equivalent in Phlippine Peso: ONE MILLION NINE HUNDRED THOUSAND PESOS (PHP 1,900,000.00 1,900,000.00)) hereto attached as ANNEX “A”;
2.
Since May of 2009, I have exercised all the rights and duties of an owner with respect to the said Jeon Won Family KTV. Further, rental fees, electricity, water line and other charges have been regularly charged to and paid by me as owner of said establishment, as evidence by the __________________, hereto attached as ANNEX “B”, “B-1”, “B-2” and “B-2”;
3. The Jeon Won Family KTV has been in operation since ____ May, 2009, under my own management. As a matter of fact, I hired the services of the Caratas Guardians Security Agency to provide security for my business establishment, the Jeon Won Family KTV as evidence by the Service Contract hereto attached as ANNEX “C”;
4.
On or about _____________, 20___, I requested Mr. KIM TAE CHUL to make the necessary completion, improvements, and repairs of the facilities and equipment of the Jeon Won Family KTV. The said request is made on the basis of our agreement that the said KTV is fully furnished with all the equipment and furniture in
their unspoiled state. The said request is evidence by the First Demand Letter dated _____ hereto attached as ANNEX “D”; 5.
As my request was not heeded by Mr. Kim Tae Chul, I opted to make a second request demanding for the necessary completion, improvements, and repairs of the facilities and equipment of the Jeon Won Family KTV. Said request is evidence by the Second Demand Letter dated 06 January 2009, hereto attached as ANNE X “E”;
6.
Again, said request was not honored by Mr. KIM TAE CHUL. Thus, on or about ___________, 2009, I decided to temporarily ceased the operation of said establishment in order to get the attention of Mr. KIM TAE CHUL to make the necessary improvement and/or repairs for the establishment as it will not be profitable to operate the said KTV in such a dilapidated state;
7.
Further, I ordered the security personnel of the Caratas Guardians to temporarily lock the said establishment and instructed them to secure the premises and to open only until notified.
8.
On 04 and 05 of January, 2010, security guards Mr. Lumbre, Mr. Jalil, and Mr. Andujar Jr. reported to me about an incident i ncident where Mr. KIM TAE CHUL, Mrs. KIM, and Ms. TWINKIE KIM, attempted to forcibly open and actually forced open the main door entrance of the KTV on said dates respectively, without having obtained any permission from me. Affidavits of the foregoing are heretofore quoted as follows:
CLARITO A. LUMBRE AFFIDAVIT: REPUBLIC OF THE PHILIPPINES) CITY OF MANILA
) S.S. AFFIDAVIT
I, CLARITO A. LUMBRE , of legal age, Filipino,
married, with address at No. 17 Muelle del Banco, Nacimal St., Sta. Cruz, City of Manila, after having been duly sworn in accordance with law, depose and state that: 1. I am a security guard of the Caratas Guardians Security Agency Corporation; 2. On or about January 4, 2010 I was deployed on duty at Jeon Won Family KTV located at Brgy. Holy Spirit, Quezon City, with duty schedule between 12:00 pm to 09:00 pm.; 3. While performing our regular duty, at around 04:32 p.m., Mr Kim, accompanied by Mrs. Kim and Ms. Twinkie Kim arrived at the Jeon Won Family KTV; 4. Mr. Kim and his companions were bringing duplicate keys to door entrance, presented to me some
papers
purportedly
representing
their
ownership of Jeon Won Family KTV; 5. Ms. Twinkie Kim who was agitative and hostile, ordered me
to allow them them to unlock and open
said establishment without authority and prior permission from Mrs. Soon Choon Kim (Caratas Client); 6. Mr. Kim and his companions who were all antagonistic and aggressive, told me that they are still the owners of the Jeon Won Family KTV as Mrs. Soon Choon Kim (Caratas Client), has not paid the remaining balance of the agreed selling price of said establishment. establishment. Thus, they were insistent in compelling me to give way and consent to their entrance into the establishment;
7. I refused to let Mr. Kim and his companions to execute their plan as I, on the contrary, was ordered by my direct superior to hold ground and keep Jeon Won Family KTV closed, locked, and sealed; 8. Mr. Kim and his companions were relentless in trying to force open the Jeon Won Family KTV main entrance but to no avail; 9. Thereafter, Mr. Kim and his companions requested the assistance of barangay officials (BPSO) who, at around 5:26 p.m., lead by Ms. Grace Adavan, together with three (3) other barangay personnel, arrived at the Jeon Won KTV; 10. Ms. Grace Adavan decided to communicate with Mrs. Soon Choon Kim (Caratas Client) together with Mr. Kim and his companions, for the purpose of settling the dispute; 11. Ms. Grace Adavan, Mr. Kim and his companions were unsuccessful in communicating with Mrs. Soon Choon Kim (Caratas Client) as the latter was not around when they came to her residence; 12. Upon their return to the establishment, Ms. Grace appeared to have sided with Mr. Kim and his companions for the reason that Mrs. Soon Choon Kim (Caratas Client) was not able to explain her side and that Mr. Kim and his companions have with them a purported proof of ownership; 13. However, I still refused to heed Ms. Grace Adavan’s
opinion
and
Mr.
Kim
and
his
companion’s insistence to allow them to open the establishment’s doo r and allow entrance therein;
14. During this time, I was communicating with Mr. Dionesio
“Dave”
Andujar,
Inspection
Team
Member of the Caratas Guardians Security Agency, via telephone conversation and text messaging, who advised me to wait for him to arrive at Jeon Won KTV in order clear and supervise the matter; 15. Mr. Andujar, arrived at the establishment shortly thereafter; 16. Ms. Twinkie requested the assistance of Police Officials who also arrived at the Jeon Won KTV, and requested us to present our license for recording purposes; 17. The police officials suggested Mr. Kim and his companions to report the incident as evidence by the __________________ hereto attached as ANNEX ____, to the Police Station 6 together with Mr. Andujar; 18. At around 9:30 p.m. Mr. Kim and his companions returned from the police station 6 together with a certain Ms. Ada, an official of the Eagle Force Security Agency, and again compelled me to allow them to force open the door entrance of the establishment; 19. I, together with Mr. Fidel Jalil, a co-securtiy guard of the Caratas Guardians Security Agency, still refused to allow Mr. Kim and his companions to open and enter the establishment; 20. I advise Mr. Kim that we will not leave the premises until they leave as we have a direct order from our superiors to secure the same, but as expected, Mr. Kim and his companions were insistent, agitative and antagonistic to me and Mr.
Jalil; 21. On
or
about
companions
10:00 have
pm,
Mr.
decided
Kim to
and
leave
his the
establishment as they were unsuccessful in trying to compel us to allow them to force open the doors of Jeon Won Family KTV; 22. After having secured Jeon Won Family KTV, I left at or about 11:00 pm.; 23. At or about 09:00 a.m.
of the following day,
January 5, 2010, when I arrived on my post to perform my regular duty duty as security guard at Jeon Won Family KTV, I saw the said establishment’s aluminum door already rolled-open;
24. At or about the same time the glass door entrance of Jeon Won Family KTV was still close and locked; 25. Security guard Mr. Bayking of the Eagle Force Security Agency, already assumed his duty as security guard on Jeon Won Family KTV; 26. I asked Mr. Bayking,
“ who who opened the aluminum
door?”, and he told me that Mr. Kim opened the same and, requested me not to divulge that he gave said information; 27. I reported the same to my direct superior as soon I have loaded my prepaid sim card, through text messaging; 28. At or about 11:00 a.m. of the same day, Mr. Kim, Ms. Twinkie Kim and Ms. Ada of the Eagle force Security, arrived at Jeon Won Family KTV; 29. Shortly thereafter, Mr. Edwin Salvador, whom Mr.
Kim and Ms. Twinkie Kim hired to open the glass door entrance by means of a crow bar, also arrived at Jeon Won KTV; 30. At that time, I still tried to stop Mr. Edwin Salvador to open the said door and the other aluminum door located at the left side which was still unlocked and closed; 31. Before attempting attempting again to open the glass door, Ms. Twinkie Kim called for Ms. Grace Adavan (BPSO Team Leader), for the purpose witnessing the act of opening the glass doors; 32. I informed Ms. Grace Adavan that I can not allow the opening of the establishment’s door entrance until after we are given the go signal from our superiors, as I might lose my job as a security guard; 33. Ms. Grace Adavan told me that I will not have any liability whatsoever, and signed my logbook in order to exonerate me from any liability to my direct superiors and client; 34. I also ask Mr. Edwin Salvador to sign our log book as he was the one to perform the opening of the glass door using the crow bar, however, Ms. Grace Adavan did not allow the former to do so and signed the said log book for Mr. Edwin Salvador’s stead; 35. The Security guards of the Eagle Force Security Agency also requested me to sign their own logbook for the purpose of witnessing the act of opening the glass door, which I also signed; 36. Albeit my refusal, Mrs. Kim also tried to open the
glass door using other duplicate keys as it might not be necessary to use a crow bar but she failed to open the same using said duplicate keys; 37. Thereafter, Mr. Edwin Salvador, who, upon orders of Mr. Kim and Ms. Twinkie Kim and notwithstanding my opposition thereto, executed the opening of the glass door using the crow bar until he was able to successfully open the same; 38. As soon as the doors were opened, Mr. Kim and Mrs. Kim entered the premises and allowed me to enter also the same to witness that they have taken over the establishment and that they took possession of all the properties properties therein and placed the same under their control;
39. Mr. Kim and his companions cleaned the KTV, took photos of the same and removed some of trash of the KTV; 40. Upon advise by Mr. Andujar, I reported the incident to the police as evidence by the Police Blotter dated January 5, 2010 hereto attached as ANNEX ____. That I am executing this affidavit to attest to the truth of the foregoing and for the purpose of filing appropriate charges in court. IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of January 2010 at _________________________. ___________________ ______.
(SGD.) CLARITO A. LUMBRE Affiant
DIONESIO ANDUJAR Jr. AFFIDAVIT: REPUBLIC OF THE PHILIPPINES) CITY OF MANILA
) S.S. AFFIDAVIT
I, DIONESIO ANDUJAR Jr., Jr., of legal age, Filipino, married, with address at Block 31, Unit 10, Pilot Drive, Barangay Commonwealth, Quezon City, Metro Manila, after having been duly sworn in accordance with law, depose and state that: 1. I am an employee of the Caratas Guardians Security Agency Corporation;
2. On or about January 4, 2010, while I was at the Caratas office, Mr. Lumbre, one of the security guards of Caratas, detailed at the Jeon Won Family
KTV,
informed
me
via
telephone
conversation that Mr. Kim, Mrs. Kim, and Ms. Twinkie Kim, are trying to force open the doors of said establishment which were then locked as per order of the superior officers of the Caratas Guardians Security Agency; 3. As soon as I was informed thereof, I immediately went to to
the Jeon Won Family KTV to to conduct the
necessary inspection and to shed some light on the matter; 4. When I arrived at the place of said establishment, I saw our two (2) security guards, Mr. Lumbre and Mr. Jalil on one hand, and Mr. Kim, Mrs. Kim, Ms. Twinkie Kim, other security personnel from the Eagle Force Security Agency, Barangay officials and or personnel on the other hand. Ms. Twinkie
Kim approached me and said in an antagonistic manner
that
“you
do
not
have
any
right
whatsoever with respect to the Jeon Won Family KTV for you are not holding any document representing ownership of the said establishment. And that we are the rightful owner thereof evidenced by the documents we are now holding.”; holding.”; 5. I responded by saying that we are merely performing our job as security se curity guards according to the instructions of our officials in the security agency and that we are merely relying on the Duty Detail Order (DDO) as evidence by the ______________________ ___________________ ___ hereto attached as ANNEX _____, issued to us by our superiors. Further, I said that if we will accede to their plan to forcibly open the doors of said establishment, we could be held liable to our superiors and more so to our client, Mrs. Kim (Caratas Client); 6. Thereafter, Police officers from the Police Station 6 arrived at the Jeon Won KTV and advised us (Mr. Kim,
Mrs.
Kim,
Ms.
Twinkie
Kim,
a
male
companion, and myself) to go to the police station 6 to report the incident as evidence by the ____________________ ___________________ _ hereto attached as ANNEX ____, and hopefully hopefully to clear up some things; 7. At the Police Station 6, Mrs. Kim warned that if Mrs. Kim (Caratas Client) will not come to the police station to explain her side, Mr. Kim and his companions will forcibly open the door entrance of the Jeon Won KTV and will disregard our duties as security guards of the establi es tablishment; shment; 8. I told Mrs. Kim that the Caratas Security Agency may file Trespassing Charges Against them if they will insist and forcibly open the doors of the
establishment; 9. Mrs. Kim adversely responded to me by saying “if that is what you want then let us settle this matter in court.”; court.”; 10. I acknowledged Mrs. Kim’s intention to go to court and thereafter I left the police station as soon as all necessary matters have been tackled by me and Mr. Kim and his companions; 11. I returned back to the Jeon Won KTV and upon arrival thereat I ordered security guards Mr. Lumbre and Mr. Jalil, to secure said establishment and instructed them to go home only after said establishment establishm ent is clear from any trespassers;
12. On the following day, January 5, 2010, I was informed that the aluminum doors of the Jeon Won KTV have already been rolled open and that the security guards of the Eagle Force Security Agency have already assumed their post thereat; 13. Because I had to perform some work at the office, I arrived at the Jeon Won KTV only at around 04:00 p.m.. I saw the establishment establishment and all of the properties properti es therein already taken over by and in the possession of Mr. and Mrs. Kim and their companions, with the establishment doors opened, and with Ms. Ada of the Eagle Force Security Agency, Mr. Kim and some of his companions inside the premises thereof, cleaning the same and removing dirt, trash, and other materials inside
and
placing
the
same
outside
the
establishment; 14. I made the necessary inspection of the premises, took photos thereof (hereto attached as ANNEX
____), went to the barangay hall to report the incident as evidence by the _____________ hereto attached as ANNEX ____; 15. I sent a text message to our lawyer, Atty. Espina , to inform of what transpired, and the latter advised us to also report the same to the police for purposes of police blotter (hereto attached as ANNEX ___).
That I am executing this affidavit to attest to the truth of the foregoing and for the purpose of filing appropriate charges in court. IN WITNESS WHEREOF , I have hereunto set my hand this _____ day of January. 2010 in Quezon City, Metro Manila. (SGD.) DIONESIO ANDUJAR Jr. Affiant
FIDEL JALIL AFFIDAVIT: REPUBLIC OF THE PHILIPPINES) CITY OF MANILA
) S.S. AFFIDAVIT
I, FIDEL JALIL , of legal age, Filipino, married,
with
address
at
_____________________ __________ _____________________, __________, ____________________ __________ __________
after
having
been
duly
sworn in accordance with law, depose and state that: 1. I
am
a
security
guard
of
the
Caratas
Guardians Security Agency Corporation;
2. On or about January 4, 2010 I, together with Clarito A. Lumbre, also a security guard of the Caratas Security Agency, were deployed on duty at Jeon Won Family KTV located at Brgy. Holy Spirit, Quezon City, with duty schedule between 12:00 pm to 09:00 pm.; 3. While performing our regular duty, at around 04:32 p.m., Mr Kim, accompanied by Mrs. Kim and Ms. Twinkie Kim arrived at the Jeon Won Family KTV; 4. Mr. Kim and his companions were bringing duplicate keys to the door entrance, presented to me some papers purportedly representing their ownership of Jeon Won Family KTV; 5. Ms. Twinkie Kim who was agitative and hostile, ordered me and Mr. Clarito A. Lumbre to allow them to unlock and open said establishment without authority and prior permission
from
Mrs.
Soon
Choon
Kim
(Caratas Client); 6. Mr. Kim and his companions who were all antagonistic and aggressive, told Mr. Lumbre that they are still the owners of the Jeon Won Family KTV as Mrs. Soon Choon Kim (Caratas Client), has not paid the remaining balance of the agreed selling price of said establishment. Thus, they were insistent in compelling us to give way and consent to their entrance into the establishment; 7. We refused to let Mr. Kim and his companions to execute their plan as we were ordered by our direct superior to hold ground and keep
Jeon Won Family KTV closed, locked, and sealed; 8. Mr. Kim and his companions were relentless in trying to force open the Jeon Won Family KTV main entrance but to no avail; 9. Thereafter, Mr. Kim and his companions requested the assistance of barangay officials (BPSO) who, at around 5:26 p.m., lead by Ms. Grace Adavan, together with three (3) other barangay personnel, arrived at the Jeon Won KTV; 10. Ms. Grace Adavan decided to communicate with Mrs. Soon Choon Kim (Caratas Client) together with Mr. Kim and his companions, for the purpose of settling the dispute; 11. Ms.
Grace
companions
Adavan, were
Mr.
Kim
and
unsuccessful
his in
communicating with Mrs. Soon Choon Kim (Caratas Client) as the latter was not around when they came to her residence; 12. Upon their return to the establishment, Ms. Grace appeared to have sided with Mr. Kim and his companions for the reason that Mrs. Soon Choon Kim (Caratas Client) was not able to explain her side and that Mr. Kim and his companions have with them a purported proof of ownership ownership;; 13. However, we still refused to heed Ms. Grace Adavan’s opinion and Mr. Kim and his companion’s insistence to allow them to open the establishment’s door and allow entrance therein;
14. During this time, Mr. Clarito A. Lumbre was communicating
with
Mr.
Dionesio
“Dave”
Andujar, Inspection Team Member of the Caratas
Guardians
Security
Agency,
via
telephone conversation and text messaging, who advised us to wait for him to arrive at Jeon Won KTV in order clear and supervise the matter; 15. Mr. Andujar, arrived at the establishment shortly thereafter; 16. Ms. Twinkie requested the assistance of Police Officials who also arrived at the Jeon Won KTV, and requested us to present our license for recording purposes; purposes; 17. The police officials suggested Mr. Kim and his companions to report the incident the Police Station 6 together with Mr. Andujar; 18. At
around
9:30
p.m.
Mr.
Kim
and
his
companions returned from the police station 6 together with a certain Ms. Ada, an official of the Eagle Force Security Agency, and again compelled us to allow them to force open the door entrance of the establishment; 19. I, together with Mr. Clarito A. Lumbre, refused to allow Mr. Kim and his companions to open and enter the establishment es tablishment;; 20. Mr. Clarito A. Lumbre advise Mr. Kim that we will not leave the premises until they leave as we have a direct order from our superiors to secure the same, but as expected, Mr. Kim and his companions were insistent, agitative
and antagonistic to us; 21. On or about 10:00 pm, Mr. Kim and his companions
have
decided
to
leave
the
establishment as they were unsuccessful in trying to compel us to allow them to force open the doors of Jeon Won Family KTV; 22. After having secured Jeon Won Family KTV, we left at or about 11:00 pm.; That I am executing this affidavit to attest to the truth of the foregoing and for the purpose of filing appropriate appropriate charges in cou court. rt. IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of January, 2010 at _____________________ __________ _______________. ____. (SGD.) FIDEL JALIL Affiant 9.
As a consequence thereof, I am filing a criminal complaint for Grave Coercion and/or Robbery punishable under the Revised Penal Code of the Philippines against Mr. ; That I am executing this affidavit to attest to the truth of the
foregoing and for the purpose of filing the aforementioned criminal case(s) Mr. KIM TAE CHUL, Mrs. KIM, and Ms. TWINKIE KIM. IN WITNESS WHEREOF, WHEREOF, I have hereunto set my hand this _____ day of February February 2010 at Que Quezon zon City. City.
SOON CHOON KIM Affiant Affiant SUBSCRIBED AND SWORN to before me, this ____ day of February, 2010, at Quezon City, Metro Manila.
______________________ ___________ ____________________ _________ Assistant City Prosecutor
CERTIFICATION The
undersigned
Prosecutor
Certifies
that
he
personally
examined the affiant and that he is satisfied that he voluntarily executed and understood his complaint- affidavit.
______________________ ___________ ___________________ ________ Assistant City Prosecutor Prosecutor
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