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REPUBLIC OF THE PHILIPPINES}

CITY OF DUMAGUETE }Sc.

COMPLAINT- AFFIDAVIT

I, NOEL WEST, Filipino, of legal age, with office address at RM Building


Bantayan, Dumeguete, Negros Oriental, 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 Building Bantayan,
Dumeguete, Negros Oriental, 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. STRONG C. SAMSON & MS. DELILAH V. SAMSON;

4) Said business establishment has its known office address at Bloc-Boloc


Sibulan Negros Oriental, as represented by its Owners/Proprietors MR. STRONG C.
SAMSON & MS. DELILAH 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.
STRONG C. SAMSON & MS. DELILAH 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. DELILAH 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;

10) Mr. Strong Samson & Ms. Delilah 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.
DELILAH 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. DELILAH 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 WEST
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
REPUBLIC OF THE PHILIPPINES}
CITY OF } Sc.

SECRETARY'S CERTIFICATE

I, ATTY. ZAC EFRON, 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
Building Bantayan, Dumeguete, Negros Oriental ,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 WEST, 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 WEST, 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. ZAC EFRON


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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