Complaint Affid

 

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