P L e A D I N G S (Criminal)

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

1. COMPLAINT-AFFIDAVIT FOR ESTAFA
2. COMPLAINT-AFFIDAVIT FOR BP 22
3. COMPLAINT-AFFIDAVIT FOR ILLEGAL RECRUITMENT
4. COMPLAINT-AFFIDAVIT FOR SEIOUS PHYSICAL INJURIES
5. COMPLAINT-AFFIDAVIT FOR ORAL DEFAMATION
6. COMPLAINT-AFFIDAVIT FOR RAPE
7. COMPLAINT-AFFIDAVIT FOR MURDER
8. APPLICATION FOR PROBATION

1. Complaint For Estafa

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

COMPLAINT-AFFIDAVIT
I, 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, 3
rd
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 3
rd
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
14
th
day of February, 2014 at Baguio City, Philippines.

PSY GANGNAM
Affiant

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

ESPERANZA LA MADRID AGGALAO
City Prosecutor

CERTIFICATION

City Prosecutor

2. Violation of Batas Pambansa Bilang 22

City of Baguio::::::::::::::::::::::)S.S.
x------------------------------------x

COMPLAINT-AFFIDAVIT
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;

14
th

PSY GANGNAM
Affiant

th
Baguio City.

City Prosecutor

CERTIFICATION

City Prosecutor

3. Illegal Recruitment

City of Baguio::::::::::::::::::::::)S.S.
x------------------------------------x

COMPLAINT-AFFIDAVIT

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.

14
th

PSY GANGNAM
Affiant

th
Baguio City.

City Prosecutor
CERTIFICATION

4.Physical Injuries

City of Baguio::::::::::::::::::::::)S.S.
x------------------------------------x
COMPLAINT-AFFIDAVIT

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 my head, a fractured left leg and two
broken ribs due to the severe beating, and I have was hospitalized for
16 days and advised 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;

14
th

PSY GANGNAM
Affiant

th
Baguio City.

City Prosecutor

CERTIFICATION

City Prosecutor

5. Oral Defamation

City of Baguio::::::::::::::::::::::)S.S.
x------------------------------------x

COMPLAINT-AFFIDAVIT

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.

14
th

PSY GANGNAM
Affiant

th
Baguio City.

City Prosecutor

CERTIFICATION

6. Rape

City of Baguio::::::::::::::::::::::)S.S.
x------------------------------------x

COMPLAINT-AFFIDAVIT
I, OPPA GANGNAM, 10 yrs. of age, Filipino Citizen, with residence and

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.

14
th

OPPA GANGNAM
Affiant

th
Baguio City.

City Prosecutor

CERTIFICATION

City Prosecutor

BAGUIO GENERAL HOSPITAL AND MEDICAL CENTER
Medical Records Division
Baguio City

MEDICO LEGAL CERTIFICATE
January 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 24
th
day of January 2014, for whatever purposes it may serve
This certificate is issued by authority of the Director.

DR. MARIA CORAZON V. CABADING, M.D. FPOGS
Medical Examiner

7. Murder

City of Baguio::::::::::::::::::::::)S.S.
x------------------------------------x

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.

14
th

OPPA GANGNAM
Affiant

th
Baguio City.

City Prosecutor

CERTIFICATION

Republic of the Philippines
National Bureau of Investigation
Cordillera Administrative Region
Baguio 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 3
rd
of January 2014.

MARIA CORAZON V. CABADING, MD, FPOGS
Medical Examiner

8. Application For Probation

Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 6
La Trinidad, Benguet

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

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

APPLICATION FOR PROBATION

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

ATTY. ESPERANZA LA MADRID AGGALAO
Counsel for the Accused

----------------------------------------------------------------------------

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

P L e A D I N G S (Criminal)

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