p l e a d i n g s (Criminal)

P L E A D I N G S(CRIMINAL)

1. COMPLAINT-AFFIDAVIT FOR ESTAFA2. COMPLAINT-AFFIDAVIT FOR BP 223. COMPLAINT-AFFIDAVIT FOR ILLEGAL RECRUITMENT4. COMPLAINT-AFFIDAVIT FOR SEIOUS PHYSICAL INJURIES5. COMPLAINT-AFFIDAVIT FOR ORAL DEFAMATION6. COMPLAINT-AFFIDAVIT FOR RAPE7. COMPLAINT-AFFIDAVIT FOR MURDER8. APPLICATION FOR PROBATION

1. Complaint For Estafa

Republic of the Philippines)City of Baguio::::::::::::::::::::::)S.S.x------------------------------------x

COMPLAINT-AFFIDAVITI, PSY GANGNAM, of legal age, single, Filipino Citizen, with residence and postal address at #69 Irisan, Baguio City, Philippines (but may be notified at First ATM Loans and Credit Corporation (FALCC), Room 305, 3rd Floor Samson Building, Lower Mabini Street, Baguio City, after having duly sworn to an oath in accordance with law do hereby depose and state the following, to wit:

1. That I am the manager of First ATM Loans and Credit Corporation (FALCC) with office address at 3rd Floor, Room 305, Samson Building, Lower Mabini Street, Baguio City and am authorized to file this complaint;

2. That on behalf of First ATM Loans and Credit Corporation, I am filing this complaint for ESTAFA, or any appropriate charges as the evidence may warrant, against KIM JONG IL for knowingly, unlawfully and feloniously defrauding First ATM Loans and Credit Corporation (FALCC) in the manner stated below:

3. That KIM JONG IL, of legal age, Filipino and a resident of #123 Mabini St. Baguio City worked for First ATM Loans and Credit Corporation (FALCC) as a collector from January 1, 2012 up to his suspension on January 15, 2014;

4. That his duties, among others, are to collect payments of loans for and in behalf of FALCC; to issue official receipts; and to remit the same to the company-designated cashier;

5. That on the dates indicated above, the above-mentioned collector deceitfully collected and received loan payments without remitting the same to the appointed cashier and, thereafter or simultaneously therewith took and misappropriated the amounts mentioned;

6. That KIM JONG IL by machinations created two dummy accounts in the name of KIM IL SUNG and KIM CHIU IL, and had the loans approved with the purported names or accounts and thereafter received, took and misappropriated the said loan amounts;

7. That on January 30, 2014 a formal demand (Annex A) has been made upon Mr. KIM JONG IL demanding that he return the amount of Two Hundred Thousand Five Hundred Sixty Three Pesos and 28/100 (P200,563.28) within five (5) days from his receipt thereof. But despite such demand, he failed, refused and still fails and refuses, to return the same;

8. That also marked as Annex B and in series are the Affidavits executed by different clients of First ATM Loans and Credit Corporation (FALCC) stating that indeed they paid to Mr. KIM JONG IL certain amounts as part of their loans to the Corporation with the expectation that Mr. KIM JONG IL will remit the same;

9. That as per our continuous investigation, to date, Mr. KIM JONG IL has carried away a total amount of Two Hundred Twenty Three Thousand, Two Hundred Fifty Php 223,250.00 to the damage and prejudice of First ATM Loans and Credit Corporation (FALCC);

IN WITNESS WHEREOF, I have hereunto affixed my signature below, this 14th day of February, 2014 at Baguio City, Philippines.

PSY GANGNAM Affiant

SUBSCRIBED AND SWORN to before me this 14th day of February, 2014 at Baguio City.

ESPERANZA LA MADRID AGGALAO City Prosecutor

CERTIFICATION


2. Violation of Batas Pambansa Bilang 22


COMPLAINT-AFFIDAVITI, PSY GANGNAM, of legal age, single, Filipino Citizen, with residence and postal address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in accordance with law do hereby depose and state the following, to wit:

1. That I know the person KIM JONG IL, hereafter referred to as Respondent, who is a resident #69 Grande Island Magsaysay Road, Baguio City, Philippines;

2. That sometime in the morning of October 19, 2012 at McDonalds, Centermall, Baguio City, Philippines, the said Respondent, issued in my favor a check from Metrobank, Check No. 12345-1234 in the amount of Two Hundred Thousand Pesos (Php 200,000) as supposed payment for the loan accommodation of the same amount, which I have extended to him;

3. That the said check is drawn against the account of the said Respondent at Metrobank with Account No.12345-1234;

4. That at the time the said Respondent issued and delivered the said check to me, he made the assurance and representation that the said check is a good check and would be covered by sufficient funds when presented for payment;

5. However, when the above-mentioned check was deposited, the same was dishonored and returned by the bank on the ground that the same was drawn against a CLOSED ACCOUNT. A true and faithful machine reproduction of the said check is hereto attached as Annex A;

6. As such I immediately notified said Respondent of the dishonor and return of the said check and demanded from him that he make good the said check within FIFTEEN (15) days from receipt thereof. A true and faithful machine reproduction of my demand letter to him is hereto attached as Annex B;

7. That when said Respondent failed to heed my demands, I endorsed the said check to my legal counsel who immediately sent a formal demand letter through registered mail with return card on January 25, 2014, which was personally received by the said Respondent on January 15, 2014. As of date however, the Respondent has unjustifiably ignored all these demands to pay the said account and/or to redeem the said returned check. A true and faithful machine reproduction of my demand letter to him is hereto attached as Annex C;

8. I am therefore executing this Complaint-Affidavit in support of the charges for Violation of Batas Pambansa Bilang 22 against the said Respondent , who may be served with subpoena and other processes of this Honorable Office at his last known address at #69 Grande Island, Magsaysay Road, Baguio City, Philippines;


PSY GANGNAM Affiant



CERTIFICATION


3. Illegal Recruitment



1. That sometime in December 03, 2012, I was recruited to work as a Maintenance Engineer in MOBIL ONEs Oil Refinery located in the Kingdom of Saudi Arabia;

2. That MANPOWER Philippines, hereafter referred to as MANPOWER, advertised such recruitment services which I promptly replied to after reading it in the Philippine Daily Inquirer classified ads section;

3. That after arriving at the Manpowers office with all the necessary documents as stated in their advertisement, located at #69 Magsaysay Road, Baguio City, I was scheduled for an immediate interview by a certain KIM JONG IL;

4. That during the said interview, KIM JONG IL boasted about the thousands of workers which he has already sent to various countries in the Middle East as shown by Manpowers supposed numerous awards and citations posted on the walls of the office of the said interviewer;

5. That after such interview, I was informed that I had all the necessary requirements except the mandatory placement fee of One Hundred Thousand Pesos (Php 100,000.00) which they required as soon as I was able to pay such amount.

6. That after a month thereafter, or on January 03, 2014, I was able to raise such amount through various loans from my relatives which I promptly paid to Manpower through KIM JONG IL;

7. That after such payment I was scheduled to return for my employment papers and other credentials after a week, or on January 10, 2014;

8. That after returning a week later, I was shocked to discover that the offices of Manpower were already abandoned and that there wasnt a trace to be found of the said agency;

9. That thereafter, I learned, after inquiring about Manpowers authority to conduct such recruitment services from the Department of Labor and Employment (DOLE), that it was never issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor and Employment nor did such agency exist in their records;

10. That thereafter I learned that similar complaints have been filed against the said company and specifically its proprietor Mr. KIM JONG IL, by other victims for their illegal activities;

11. That because Manpower through its owner KIM JONG IL gave the distinct impression that he had the power or ability to send me abroad for work such that I was convinced to part with my hard-earned money in order to be deployed, I am hereby filing this complaint against the Respondents for Illegal Recruitment or the violation of the provisions of Republic Act 8042.


PSY GANGNAM Affiant


ESPERANZA LA MADRID AGGALAO City ProsecutorCERTIFICATION

4.Physical Injuries

Republic of the Philippines)City of Baguio::::::::::::::::::::::)S.S.x------------------------------------xCOMPLAINT-AFFIDAVITI, PSY GANGNAM, of legal age, single, Filipino Citizen, with residence and postal address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in accordance with law do hereby depose and state the following, to wit:

1. That sometime on January 2, 2014, at about 6:30 p.m., while I was going home from work, I passed by some people drinking alcohol along the street;

2. That while passing through, by accident I was pushed by one of them while he was moving backward and I refer to the one who bumped me as a certain Mr. KIM JONG IL;

3. That in order to prevent an escalation of the situation I apologized to him, then I assumed this settled the dispute;

4. That after a while his companion, a certain Mr. KIM SONG IL, aka Nanoy, asked me what was my problem and I told him there is none. Then he said, (Di pa tapos and atraso mo sa amin ng misis ko,) Your fault to me and wife has not been settled yet. Which I completely knew nothing about.

5. That immediately after this his companion in drinking buddies held my hands, neck and legs;

6. That I told them I will not fight but they did not listen and together they boxed and mauled me on different parts of my body causing me a lot of injuries and they also used iron pipe to strike me to which I suffered a 10-inch wound in myhead, a fractured left leg and two broken ribs due to the severe beating, and I have was hospitalized for 16 daysandadvised to get a complete rest for 4 weeks or more until my leg brace will be removed and my ribs will be completely healed and I am attaching to this complaint the medical certificates to attest to my wounds and injuries. A true and faithful machine reproduction of my Medical Certificate is hereto attached as Annex A;

7. That because of these physical injuries I was feeling pain all over my body;

8. That the said complaint was referred to the Lupon Tagapamayapa but the respondents did not appear despite notice;

9. That the said complaint was now certified for filing to the proper government office;

10. That also because of these mauling and injuries I am hereby filing this criminal complaint for Physical Injuries against the respondents, Mr. KIM JONG IL, MR. KIM SING IL, aka Nanoy, KIM CHIU IL AND JOHN DOES , and they may be subpoenaed at the #21 Torres Bugallon St, Baguio City;


PSY GANGNAM Affiant



CERTIFICATION


5. Oral Defamation



1. That I am instituting this CRIMINAL COMPLAINT against KIM JONG IL, of legal age, single, Filipino, and a resident of #70 Irisan, Baguio City, Philippines for ORAL DEFAMATION as defined and penalized under Article 353 in relation to Article 358 of the Revised Penal Code of the Philippines;

2. That the acts complained of were committed as follows:

a. On JANUARY 24, 2014 at around 5 p.m. I was heading home at Irisan, Baguio City when I met my neighbor, KIM JONG IL, who, without me saying anything, to my surprise intentionally shouted (PUTA KA! INAGAW MO ASAWA KO, PALAGI KAYONG NAGLALANDIAN SA ILALIM NG BAHAY NAMIN). You are a whore! You stole my WIFE! You are always flirting with each other under our house. It was uttered a lot of times and was heard by my neighbors and my son who is only five years old.

b. The statement was uttered by KIM JONG IL on JANUARY 24, 2014 publicly and clearly prompted not by any sense of moral duty but by personal ill-will, spite and/or malice with the object of destroying my reputation and discrediting and ridiculing me as an individual before the bar of public opinion and contempt;

c. The ill-effects of the malicious utterances are shown by the negative responses that I have received from my neighbors, especially my son, expressing belief in respondents baseless allegations as shameful, heinous and unequivocally barbaric-all to my damage and prejudice;

3. That by reason of the foregoing, I suffered sleepless nights, wounded feelings, moral and social embarrassment which KIM JONG IL should compensate by way of moral damages which is the natural, proximate and necessary result of the malicious utterance in the amount of not less than One Hundred Thousand Pesos (Php100,000.00).

4. That I am executing this affidavit to attest to the truth of the foregoing averments and for the purpose of criminally prosecuting said KIM JONG IL for ORAL DEFAMATION/SLANDER for his grave utterances as determined by the Prosecution Office in the preliminary investigation.


PSY GANGNAM Affiant



CERTIFICATION

6. Rape


COMPLAINT-AFFIDAVITI, OPPA GANGNAM, 10 yrs. of age, Filipino Citizen, with residence and postal address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in accordance with law do hereby depose and state the following, to wit:

1. That the accused, KIM JONG IL, is my uncle, being that his wife, KIM CHIU IL, is the sister of my father PSY GANGNAM, and our neighbor, residing at #70 Irisan, Baguio City; 2. That on January 24, 2014, at around 8:00 P.M., I heard the accused whistle for me;

3. That I went to the accused, thinking that he was going to send me on an errand, whereupon, the accused brought me near a bench in the yard, and told me to remove my underwear, otherwise he would kill me;

4. That the accused then embraced my, pulled out his penis and inserted his penis into my vagina. The accused also prompted to wrap my legs around his midsection. All the while, the accused kept on threatening me that (Sasaktan kita kung papalag ka o kung isusumbong mo ito kahit kanino) I will hurt you if you resist or if you tell anyone about this;

5. That while in this position, my mother, MINDA GANGNAM, saw what was being done to me, whereupon, the accused upon seeing my mother, put me down and grabbed a piece of wood, telling my mother that he was trying to kill some rats;

6. That my mother got angry and she pulled me inside the house and spanked me so that I would tell the truth about what was going on;

7. That when my mother found out that I had no underwear I told her about everything that happened;

8. That I was brought by my mother to the Baguio General Hospital where I was physically examined, and after which, members of the local police asked me some questions about the incident;

9. That the very next day, January 25, 2014, I was brought to the Justice Hall of Baguio to file charges against the accused;

10. That upon consultation with my lawyer, I understand that the acts of the accused qualify for RAPE punishable under Article 266-A of the Revised Penal Code;

11. That Article 266-A of the Revised Penal Code provides that RAPE is committed 1) by a man who shall have carnal knowledge of a woman under any of the following circumstances: xxx a) through force, threat or intimidation xxx;

12. That I am executing this complaint-affidavit to attest to the truth of the foregoing facts and for the purpose of filing a criminal complaint for RAPE against the accused.


OPPA GANGNAM Affiant



CERTIFICATION


BAGUIO GENERAL HOSPITAL AND MEDICAL CENTERMedical Records DivisionBaguio City

MEDICO LEGAL CERTIFICATEJanuary 24, 2014

TO WHOM IT MAY CONCERN:

This is to certify that Ms. OPPA GANGNAM, 10 years old, with residence at #69 Irisan, Baguio City, was examined and related in this hospital on January 24, 2014, with the following findings

Shallow healed lacerations at 3 and 8 olock positions In a non-virgin state physically

Issued this 24th day of January 2014, for whatever purposes it may serveThis certificate is issued by authority of the Director.

DR. MARIA CORAZON V. CABADING, M.D. FPOGSMedical Examiner

7. Murder


COMPLAINT-AFFIDAVIT

I, OPPA GANGNAM, of legal age, married, Filipino Citizen, with residence and postal address at #69 Irisan, Baguio City, Philippines, after having duly sworn to an oath in accordance with law do hereby depose and state the following, to wit:

1. That on January 01, 2014 while I was walking home with my husband, PSY GANGNAM, at around 11:00 P.M. we passed by SANGER STORE located adjacent to our residence;

2. That while we were peacefully walking and minding our business, some men having a drinking session in the said store started to shout and heckle at me and my husband for no apparent reason;

3. That my husband wanted to speak his mind but I convinced him to walk away as there were three of them and he could not fight them alone;

4. That while we were walking away, their leader, MR. KIM JONG IL, shouted (huwag mo kaming talikuran, hindi porke kasama mo asawa mo e aatrasan ka namin) Dont turn your back on us, Dont think that just because youre with your wife that we will back down;

5. That as we were trying to get away from the store in order to avoid trouble, two of the companions of KIM JONG IL, namely KIM IL SUNG, and BURAT OBAMA held my husband so as to prevent him from fighting back and they kept on pushing me away as I was trying to help my husband which consequently caused me to lose my balance and fall down on the pavement, breaking my ankle and leaving me incapacitated;

6. That as I was helpless to help my husband and while he was struggling to break free, KIM IL SUNG said to KIM JONG IL, banatan mo na to para din a pumalag, and then I saw BURAT OBAMA hand over a knife to KIM JONG IL which he used to repeatedly stab my husband which he then passed on to KIM IL SUNG and BURAT OBAMA, both of whom continued stabbing my husband until he was already unable to move;

7. That while they were stabbing my husband I was shouting frantically for help from anyone nearby to which some barangay tanods came to the rescue which caused the group of KIM JONG IL to flee the scene;

8. That if it were not for the timely assistance of the barangay tanods, I would surely have succumbed to the same fate as my husband;

9. That upon the arrival of the medical emergency unit, they examined my husband and afterwards told me that he had already passed away;

10. That I am executing this complaint-affidavit to attest to the truth of the foregoing facts and for the purpose of filing a criminal complaint for MURDER against the accused, KIM JONG IL, KIM IL SUNG, and BURAT OBAMA.


OPPA GANGNAM Affiant



CERTIFICATION

Republic of the PhilippinesNational Bureau of InvestigationCordillera Administrative RegionBaguio City

POSTMORTEM FINDINGS

Pallor integument and conjunctivate.Abrasions, 6.0 x 1.5 cms., anterior chest wall, left side, 4.0 x 1.5 cms., dorsal aspect, right hand.Incised stab wound, 2.0 cms., posterior chest wall, left side. Stab wounds, all edges clean cut, with one sharp and the other blunt extremities.

(1) 2.0 cms., located on the chest wall along mid axillary line, left side 24.5 cms., from the anterior median line, directed forward, upward, medially, involving the skin underlying soft tissues into the left thoracic, penetrating lower lobe of the left lung with an approximate depth of 7.0 cms.

(2) 3.0 cms., located on the chest wall along posterior axillary line, left side, 24.5 cms. From the posterior median line, directed forward, the left thoracic cavity, penetrating uppser lobe of left lung with an approximate depth of 8.0 cms.

(3) 3.0 cms., located on the posterior abdominal wall, left side 18.0 cms., from the posterioir medial line, directed backward, upward, upward medially, involving the skin and underlying soft tissues, communicating with another wound, 2.5 cms., in length, located on the posterior abdominal wall, left side, 7.5 cms. From the posterior median line.

(4) 3.0 cms. Located on the anterior aspect, left leg, 29.0 cms., above the left heel, directed backward, upward, laterally, involving the skin and underlying soft tissues, communicating with another wound 2.0 cms., in length, located on the posterolateral aspect, left 32.0 cms. Above the left heel.

Baguio City, Philippines this 3rd of January 2014.

MARIA CORAZON V. CABADING, MD, FPOGS Medical Examiner

8. Application For Probation

Republic of the PhilippinesREGIONAL TRIAL COURTFIRST JUDICIAL REGION Branch 6La Trinidad, Benguet

PEOPLE OF THE PHILIPPINES,Plaintiff,CRIMINAL CASE NO. R-4474-versus-For: Serious Physical Injuries

PSY GANGNAM,Accused.X---------------------------------------X

APPLICATION FOR PROBATIONThe accused, through undersigned counsel, unto this Honorable Court, respectfully states that:

(1) He is of legal age, single, Filipino citizen and a resident of Number 123 Buyagan, Poblacion, La Trinidad, Benguet;

(2) On January 31, 2014, the Honorable Court rendered judgment on the above-entitled case convicting him of the crime of serious physical injuries and sentencing him to suffer the penalty of imprisonment, the dispositive portion of which read as follows:

Wherefore, judgment is hereby rendered, finding the accused guilty of serious physical injuries defined and penalized under Article 263 of the Revised Penal Code, who is hereby sentenced to suffer an indeterminate penalty of two (2) months and one (1) day of Arresto Mayor, as minimum and one (1) year and four (4) months of Prision Correccional, as maximum.On the Civil aspect, accused is hereby ordered to pay the complainant the amount of Seventy Five Thousand pesos (PhP 75,000.00)as reimbursement for actual expenses.So ordered.

(3) In view of the foregoing judgment, the accused hereby most respectfully applies before the Honorable Court for probation;

(4) The accused further states that he is not one among those offenders disqualified to avail of the benefits of probation, as provided under Section 9, of Presidential Decree No. 968, as amended, to wit:

Section 9.Disqualified Offenders.The benefits of this Decree shall not be extended to those:(a) sentenced to serve a maximum term of imprisonment of more than six years;(b) convicted of any offense against the security of the State;(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;(d) who have been once on probation under the provisions of this Decree; and(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof. (italics supplied)

(5) The accused has not perfected nor does he intend to perfect an appeal from the aforementioned judgment of the Honorable Court;

(6) He further undertakes to faithfully and religiously comply with the conditions of the probation as provided for under P.D. 956 (Probation Law of 1976) or as may be ordered by the Honorable Court should this application for probation be granted.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that this pleading be noted and made part of the records of the above-entitled case and that this Application for Probation filed by the accused Mr. PSY GANGNAM be granted.

Other relief just and equitable in the foregoing is likewise prayed for.

Done this 14th day of February 2014 in La Trinidad, Benguet Philippines.

ATTY. ESPERANZA LA MADRID AGGALAOCounsel for the Accused

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NOTICE OF HEARING

PROS. REY PINKITA JR.Justice Hall, La Trinidad, Benguet Greetings!

Please take notice that on February 22, 2014 at 2:00 in the afternoon or soon thereafter as counsel may be heard, the undersigned will request the Honorable Court to approve the foregoing Application for Probation without further argument and appearance from counsel.

ATTY. ESPERANZA LA MADRID AGGALAO

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p l e a d i n g s (Criminal)