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Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
CITY PROSECUTION SERVICE OF MANILA
City of Manila

Related to:

I.S. No. ___________________________ I.S. No. _____________________________


Prosecutor_________________________ Prosecutor__________________________

MEMORANDUM OF PRELIMINARY INVESTIGATION

COMPLAINANT/S RESPONDENT/S

CHARIOT TRAILER LEASING CORP. MR. HONORATO C. SAMSON, MS. LUISA V.


SAMSON and/or WINSTON CHARLES
MARKETING

Rm. 111-B Mercantile Insurance Bldg., #667 Pinaod, San Ildefonso, Bulacan
Gen. Luna cor. Beaterio Sts., Intramuros
Manila

CRIME/OFFENSE COMMITTED: PLACE OF COMMISSION:

BATAS PAMBANSA BLG. 22 MANILA


DATE & AMOUNT:

OCTOBER 27, 2007 (PHP10,000.00)

WITNESS/ES:

MR. NOEL M. BUMANGLAG


Rm. 111-B Mercantile Insurance Bldg.,
Gen. Luna cor. Beaterio Sts., Intramuros,
Manila

NOTE: (Underline Answer)

1) Has a similar complaint been filed before any other office? NO


2) Is this complaint in the nature of a counter-charge? NO
3) Are all the above information true and correct? YES

ATTY. GLENN M. MANGAOIL


(Signature of Complainants Counsel)

Address:
MANGAOIL LAW OFFICE
Unit 10A Country Space 1 Bldg.,
Sen. Gil Puyat Ave., Makati City

IMPORTANT:

Complainant shall be required to file his complaint in the form of an affidavit to which must be
appended affidavit of witnesses, annexes and other supporting documents. The statements of the
complainant and his witnesses, annexes and other supporting documents. The statements of the
complainant and his witnesses shall, as far as practicable, be sworn to before the Investigating
Prosecutor. If sworn to before any officer authorized to administer oaths, the Administering Officer shall
CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARILY
EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

NOTE: Number of copies of affidavit of complainant/s and witness/es and other documents equal to:

Six (6) copies/set for one (1) respondent


One (1) additional copy/set for each additional respondent
One (1) additional copy/set for each additional law violated should be submitted so that the
complaint may be given due course.
COMPLAINT-AFFIDAVIT/BP Blg. 22 2
(CTLC v. WINSTON CHARLES MARKETING et al.)
REPUBLIC OF THE PHILIPPINES}
CITY OF }Sc.

COMPLAINT- AFFIDAVIT

I, NOEL M. BUMANGLAG, Filipino, of legal age, with office address at Rm. 111- B
Mercantile Insurance Bldg., Gen. Luna cor. Beaterio Sts., Intramuros, Manila, after having
been duly sworn in accordance with law, do hereby depose and state that:

1) I am the present General Manager of CHARIOT TRAILER LEASING CORP., said


company being a domestic corporation engaged in the business of trailer leasing and other
allied services with principal office at Rm. 111-B Mercantile Insurance Bldg., Gen. Luna cor.
Beaterio Sts., Intramuros, Manila, hereinafter referred to as "CTLC" for brevity;

2) Along with my duties and responsibilities as such, is to represent the company in


the cases it files before any court/tribunal/judicial agency in order to protect its interests, as
manifested in the herein attached Secretarys Certificate and herein marked as Annex "A";

3) As mentioned above, CTLC is engaged in the business of trailer leasing and other
allied services, and among its clients is a establishment engaged in trucking business, known
as WINSTON CHARLES MARKETING" owned and managed by
MR. HONORATO C. SAMSON & MS. LUISA V. SAMSON;

4) Said business establishment has its known office address at #667 Pinaod, San
Ildefonso, Bulacan, as represented by its Owners/Proprietors MR. HONORATO C. SAMSON
& MS. LUISA V. SAMSON with the same residence address at the
aforementioned business address, who are authorized to accept summons and legal
processes in all legal proceedings & all notices affecting the aforementioned establishment at
its aforementioned business address;

5) On various dates commencing from January 2007 up to March 2007, MR.


HONORATO C. SAMSON & MS. LUISA V. SAMSON, doing business under the name of
WINSTON CHARLES MARKETING, engaged the services of CTLC in furtherance of their
business activity. In the course thereof, WINSTON CHARLES MARKETING has incurred
several unpaid obligations to CTLC;

6) Commencing from January 2007, Winston Charles Marketing has failed to pay their
accounts regularly to CTLC which in turn made them incurred a total obligation of ONE
HUNDRED NINETY SIX THOUSAND FOUR HUNDRED EIGHTEEN PESOS and EIGHTY
FOUR CENTAVOS (PHP196,418.84) as reflected in the herein attached Statement of Account
as of January 08, 2008, and marked as
Annex B.

7) From that date onwards, CTLC found it hard to collect for payments from WINSTON
CHARLES MARKETING in spite of several demand letters which were sent to and received
by them;

8) However, on October 27, 2007, MS. LUISA V. SAMSON and/or WINSTON


CHARLES MARKETING tendered to CTLC a post-dated EQUITABLE PCI BANK CHECK
dated October 27, 2007, with Serial No. 0216702, amounting to TEN THOUSAND PESOS
(PHP10,000.00), supposedly representing their payment for their Cash Bond. Photocopy of
the said check is hereto attached and marked as Annex C ;

9) Consequently, when negotiated/presented for payment to the drawee bank,


aforesaid check was returned unpaid by the Bank of the Philippine Islands (BPI), U.N.
Avenue Branch, with business address at United Nations Avenue, Manila, on the specified
date therein, for reason that it is DRAWN AGAINST INSUFFICIENT FUNDS, as seen in the
attached Annex D hereof;
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COMPLAINT-AFFIDAVIT/BP Blg. 22 3
(CTLC v. WINSTON CHARLES MARKETING et al.)

10) Proper notifications and demand were made and sent to Mr. Honorato
Samson & Ms. Luisa Samson, the latter being the signatory of the check, so that they or
she could replace them with CASH and/or settle said accountability with the reason of
the return thereof. Copy of the latest demand letter is hereto attached and marked as
Annex E hereof;

11) In spite of the successive demand letter sent by our in-house counsel, MS.
LUISA V. SAMSON and/or WINSTON CHARLES MARKETING, failed and refused,
and continue to fail and refuse to redeem in cash the face amount of the unfunded
returned check. Filing of this case was even suspended for almost several times already
just to give them the ample time and opportunity to settle their obligations in full, but the
same served futile;

12) I am executing this affidavit to attest to the truth of the foregoing facts and for
the purpose of charging MS. LUISA V. SAMSON as one of the Owner/Proprietor of their
business WINSTON CHARLES MARKETING for violation of the provisions of
BATAS PAMBANSA BLG. 22.

AFFIANT FURTHER SAYETH NAUGHT.

Makati City for Manila, Philippines, January 08, 2008.

CHARIOT TRAILER LEASING CORP.


Complainant

By
NOEL M. BUMANGLAG
Affiant

SUBSCRIBED AND SWORN to before me, this ____ day of


_______________, Manila, Philippines, affiant exhibiting to me his CTC No.
__________, issued on ___________ at ______________.

ASSISTANT PROSECUTOR

I hereby certify that I have personally examined the affiant and that I am fully
satisfied that she voluntarily executed and understood her sworn statement.
ASSISTANT PROSECUTOR
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COMPLAINT-AFFIDAVIT/BP Blg. 22 4
(CTLC v. WINSTON CHARLES MARKETING et al.)

REPUBLIC OF THE PHILIPPINES}


CITY OF } Sc.

SECRETARY'S CERTIFICATE

I, ATTY. GLENN M. MANGAOIL, duly appointed and incumbent Corporate


Secretary of CHARIOT TRAILER LEASING CORP. (CTLC), a corporation duly
organized and existing under and by virtue of Philippine laws with principal office
address at Rm. 111B Mercantile Ins. Bldg., Gen. Luna cor. Beaterio Sts.,
Intramuros, Manila, hereinafter referred to as the "Corporation", after being duly
sworn to in accordance with law, do hereby depose and state that at a Special Meeting
of the Board of Directors held on August 06, 2007, at its aforesaid address and at which
meeting all of the members of the Board of Directors were present and acting
throughout, the following resolution, on motion duly made and seconded, was
unanimously approved:

SBR CTLC 2007 01 - 08

"RESOLVED, AS IT IS
HEREBY RESOLVED, That the
Corporation through the Board of
Directors, direct and authorize, as it hereby
directs and authorizes its General
Manager, MR. NOEL M. BUMANGLAG, to
institute and/or file a Criminal Case for
Violation of BP # 22 (Bouncing Checks Law)
against AUDLEY TRUCKING and/or MS.
RUBY ALBA-PAULINO, before the
appropriate tribunal/judicial body having
jurisdiction over the aforementioned case;

"RESOLVED FURTHER, That the


Corporation authorize, as it hereby
authorizes its General Manager, MR.
NOEL M. BUMANGLAG, to sign any and/or
all pleadings and other relevant documents
pertinent to the case.

"RESOLVED FINALLY, That the


Corporate Secretary be directed, as he is
hereby authorized and directed to furnish all
persons concerned, copies of the foregoing
resolution.
AFFIANT FURTHER SAYETH NAUGHT.

August 06, 2007, Makati City for Manila.

ATTY. GLENN M. MANGAOIL


Corporate Secretary
SUBSCRIBED AND SWORN to before me this ____ day of _____________
affiant exhibiting his CTC # 17656962 issued at Makati City on 1/20/07.

NOTARY PUBLIC

Doc. No. ____;


Page No.____;
Book No.____;
Series of 2007
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