Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR

National Prosecution Service
Department of Justice
Hall of Justice
Lagao, General Santos City
---ooOoo---

_________________________, CRIM. CASE NO. ____

Plaintiff,

For:
- versus –
CARNAPPING, ESTAFA
________________________, AND FALSIFICATION OF
Respondents. DOCUMENTS
x---------------------------------------x

AFFIDAVIT OF COMPLAINT

I, ________________________, of legal age, Filipino, _____, amd a

resident of ______________________, after having duly sworn to in
accordance with law, do hereby depose and state:

1. That I am the registered owner of a motor vehicle, which is

more particularly descried as follows to wit:

Make:-------------------------TOYOTA INNOVA E DSL MT

Body Type:-----------------WAGON
Chassis No.-----------------KUN40-5014082
Motor No.--------------------2KD-9781449
Plate No.---------------------LFY432

2. That I cause the registration of the above-described vehicle

in the Land Transportation Office (LTO) of General Santos City, with
Certificate of Registration No. _____________ and Official Receipt
No. __________.Hereto attached is the machine copy of the
Certificate of Registration and the Official Receipt as Annexes “A”
and “B”;

3. That I mortgage my vehicle with Asialink Finance

Corporation in the amount of ONE HUNDRED FIFTY THOUSAND
PESOS(P150,000.00) through a Chattel Mortgage as Annex “C”:

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4. That the said vehicle is the subject of Civil Case No.
______; for Collection of Money, Replevin and Damages pending in
the Municipal Trial Court in the Cities initiated by the Asialink
Finance Corporation represented by RYAN V. DEL MUNDO vs.
GLADDEN S. LIM. Hereto attached is the original copy of the
Certification issued by CYNTHIA MAE FORTALEZA-PINGOY,
Clerk of Court III as Annex “D”

5. That based on the Statement of Account prepared by

Asialink Finance Corporation my outstanding balance is only ONE
HUNDRED THIRTY FOUR THOUSAND PESOS AND FIFTY
PESOS (P134,050.00); Hereto attached is the machine copy of the
Statement of Account (annex “G” in their Civil Complaint) as
Annexes “E and “E-1”;

6. That the prevailing estimated market value of said vehicle is

not less than FOUT HUNDRED FIFTY THOUSAND PESOS
(P450,000.00), Philippine Currency;

7. That when I attended the Court hearing on June 15,2016

before Branch 01 of the Municipal Trial Court in Cities of General
Santos City, Asialink Finance Corporation did not appear despite
notice and I manifested before the Honorable Court that I am ready to
pay my obligation as stated in the complaint and such manifestation
was recorded in the Order of Resetting;

8. That because of the absence of Asialink Finance

Corporation, the case was reset on September 14, 2016 at 8:30 o’clock
in the morning through an Order issued by Honorable Judge MARIE
ELLENGRID S. L. BALIGUAT hereto attached as Anne “F”;

9. That my vehicle was temporarily turned over to Asialink

Finance Corporation sometime in the month of November 2015
because of the repliven bond posted by Asialink to a Surety company;

10. That thereafter, I went to the Office of Asialink Corporation

sometime in the month of January 2016 to settle my entire obligation
with them but they computed me an excessive amount of TWO
HUNDRED THIRTY ONE THOUSAND FOUR HUNDRED
THIRTY SEVEN PESOS AND FIFTY CENTAVOS (P231,437.50);

11. That the computation was so excessive because Asialink

Finance Corporation charged me the amount of SIXTY ONE
THOUSAND PESOS AND TWELVE AND FIFTY CENTAVOS
(P61,012.00) which is unjust and unlawful as can be clearly seen in
the handwritten computation which they named it as legal charge;

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12. That in truth, I tried my best to negotiated to adjust the
computation to become reasonable but Asialink Finance Corporation
refused until I discovered that there was already unlawful transaction
happened in my vehicle and that is the primary reason why they just
ignored me;

13. That said computation is excessively higher compared to my

outstanding balance which is only ONE HUNDRED THIRTY
FOUR THOUSAND PESOS OND FIFTY PESOS (P134,050.00)
including the interest and surcharges. Hereto attached is the
computation of the statement of account as of January 12, 2016 and
their handwritten additional computation for the penalties and legal
charge as Annexes “G” and “G-1”;

14. That instead of setting my obligation based on their

excessive computation I preferred to wait the decision of the
Honorable Court since the prayer in their complaint for collection of
Sum of Money is lower compared to their computation which is
unjust and unreasonable;

15. That while the case is pending and my car temporarily in the
possession of Asialink Finance Corporation, I discovered that my
said vehicle was allegedly bought by LUCILLE MARIE C. ASDAIN
for only ONE HUNDRED SEVENTY THOUSAND PESOS
(P170,000.00) from Asialink Finance Corporation without the
knowledge and approval of the honorable court which only shows of
their lack of respect to judicial authorities;

16. That as registered and lawful owner, the selling was made
without my consent and approval and thereafter I already reported the
said incident to the Police Station 1,Pendatun Avenue, General Santos
City for record purposes. Hereto attached is the machine copy of the
Police Blotter dated July 15, 2016 as Anne “H”;

17. That I personally discovered that my vehicle was used by

LOUIE G. LEONCIO which he acquired from LUCILLE MARIE C.
ASDAIN;

18. That sometime in the month of March 2016, I invited

LOUIE G. LEONCIO and the representative of LUCILLE MARIE C.
ASDAIN, in the office of Asialink Finance Corporation situated at
Insular Life Building, Pioneer Avenue, General Santos City for
clarification;

19. That during our confrontation, I introduced myself to them

that I was the registered and lawful owner of the car that they were
using and informed LOUIE G. LEONCIA and the representative of
LUCILLE MARIE C. ASDAIN that my vehicle is under litigation but

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 they showed me the original copy of my Certificate of Registration,
Official Receipt and a copy of an open Deed of Sale executed by
Asialink Finance Corporation to any interested buyer;
20. That I begged to them to return my car to Asialink Finance
Corporation because I did not intent to sell my car to them and there is
a pending case in court but instead to following my request they made
a good business and profit of my car at my expense;

21. That Asialink Finance Corporation was not the owner of my

car and there is a pending civil case in court but despite of such
knowledge through deceit, fraud and machinations the ownership of
my vehicle was illegally transferred to Melody Valencia Chua;

22. That despite of their knowledge that the proceedings are

going on in Branch 1 of the Municipal Trail Court in Cities of General
Santos City involving the subject vehicle, Asialink Finance
Corporation maliciously and surreptitiously entered into an illegal
transaction;

23. That on July 21, 2016, I requested the and Land

Transportation Office Chief of General Santos City to alarm the
registration of my said vehicle and I furnished the Traffic
Management Group of GSC, a copy of my said request. Hereto
attached is the copy of my letter as Annex “I”,;

24. That I was advised by the Assistant Regional Director and

the Acting Chief of LTO-Gensan Manuel Betaizar that the alarm can
only be done when a formal complaint will be initiated by me and the
court will order them to alarm the records of my vehicle;

25. That thereafter, I requested the Land Transportation office

(LTO) personnel to verify the electronic records of my vehicle, I was
surprised that my Chattel Mortgage was already cancelled and
released and the ownership was already transferred tp Melody
Valencia Chua;

26. That I neither intend to sell my vehicle to Melody Valencia

Chua nor to Asialink Finance Corporation and other third persons for
they have no right whatsoever to dispose or sell my said vehicle
because of the pending litigation in Branch 1 of the Municipal Trial
Court in Cities of General Santos City which the court acquires
jurisdiction over the subject vehicle;

27. That it appears in the said records, the transaction of the

transfer of ownership of my vehicle was done on May 02,016 at the
Land Transportation Office in Koronadal City because they avoid to
make it in LTO-General Santos City since I already verbally informed
the LTO- Chief in Gensan that my vehicle is subject for alarm;

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28. That I was dismayed when I discovered in the LTO records,
that the current owner is Melody Valencia Chua and in the said record
I was only the previous owner. Hereto attached is the copy of
computer print out of the MV Transaction Inquiry Detail as Annex
“J”;

29. That I personally conducted thorough investigation by

verifying the Bulletin Boards of the Hall of Justice of General Santos
City involving properties posted therein for Etrajudicial Foreclosure
through the Office of the Sheriff but I did not find that Asialink
Finance Corporation filed a petition for Extrajudicial Foreclosure
Proceedings of my vehicle;

30. That in truth, I did not execute a Deed of Voluntary

Surrender in Settlement of Obligation to Asialink Finance Corporation
for them to sell my vehicle or my car was subject of extrajudicial
foreclosure proceedings;

31. That it is indeed convincing that Asialink Finance

Corporation, represented by their Credit Managers BERNADETTE S.
RECTO and FERCIVAL M. STA. MARIA, LUCILLE MARIE C.
ASDAIN, LOUIE G. LEONCIO and MELODY VALENCIA CHUA
with intent to gain unlawfully acquired my vehicle without m consent
and approval and they are enjoying in utilizing my car and they
already made a good business profit of it to which they should be held
criminally liable and accountable;

32. That it was through deceit and fraud that Asialink Finance
Corporation caused the cancellation and release my Chattel Mortgage
so that they can sell my car to other persona despite of the pending
case thereby falsifying public documents to effect their transaction;

33. That through falsification, manipulation, abuse of

confidence with deliberate intent to gain, ASIALINK FINANCE
CORPORATION, through their above-mentioned credit managers,
Melody Valencia Chua, Lucille Marie C. Asdain, Louie G. Leoncio
unlawfully took my vehicle without my consent and approval by
employing deceitful act and falsifying public documents to cause the
transfer the ownership from me into the name of Melody Valencia
Chua;

34. Thus, I am filing criminal complaint for CARNAPPING in

Violation of Section 2, of R.A. 6539, the Anti-Carnapping Act of
1992 as amended by R.A. No. 7659, ESTAFA, and FALSIFICATION
OF PUBLIC DOCUMENTS against the following persons:

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 1. ASIALINK FINANCE CORPORATION, represented
by their Credit Managers BERNADETTE S. RECTO
and FARCIVAL M. STA. ANA in their General
Santos City Branch office address located at G/F, The
Insular Life Bldg., Pioneer Avenue, General Santos
City;
2. MELODY VALENCIA CHUA in her present address
at SUN TRADING Building,Saniago Boulevard,
Brgy. Bula, General Santos City;

35. That I am attaching the Sketch Map of the respective address

of the respondents as Annexes “K”,”L”,”M” and “N”’;

IN WITNESS WHEREOF, I have hereunto set my hand this _____

day of October 2016 at General Santos City, Philippines.

_____________________
Affiant

SUBSCRIBED AND SWORN to before me this ______ day of

October 2016 at General Santos City, Philippines. I certify that I have
examined the affiant who declared that he understands the foregoing
affidavit of Complaint.

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