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REPUBLIC OF THE PHILIPPINES

___________ CITY

) S. S.

AFFIDAVIT- COMPLAINT

I, MR. JA HOON KU, of legal age, Korean Citizen, married, and with office
address at the PHILDIPPHIL, INC. No. 42 Morning Star Drive, Sanville Subd.,
Brgy. Culiat, Quezon City, Metro Manila, after being sworn, deposed and say
that:
1. I am the incumbent President and the current Chairman of the Board of
Directors of PHILDIPPHIL, INC., (herein referred to as the Corporation
for brevity) a corporation duly established under the laws of the Republic
of the Philippines. Since my appointment on 18 January 2010, I
continuously hold such office up to the present;
2. I am a holder of a valid passport issued by the government of South
Korea, and also issued a 9-G visa, and alien employment permit by the
Philippine government. Copies are respectively attached as Annexes A
and B respectively;
3. The Corporation is engaged in the construction business, and is
presently

constructing

and

developing

modern

and

high-rise

condominium project known as the LIG CONDOMINIUM, located at its


address at No. 42 Morning Star Drive, Sanville Subd.Brgy. Culiat,
Quezon City, Metro Manila;
4. The Corporation filed its Certificate of Incorporation and its respective
General Information Sheet on ____________________ before the Securities
and Exchange Commission (SEC). Copy of its Certificate of Incorporation
and General Information Sheet are hereby attached as ANNEXES C and
D respectively;

5. In the General Information Sheet filed on said date, the Directors and
Officers of the Corporation are as follows:
a.
b.
c.
d.
e.
f.

Ja Hoon Ku
Chairman/ President
___________
_____________________
___________
_____________________
___________
_____________________
___________
_____________________
Miguel M. De VeraSecretary

6. The Authorized Capital Stock of the Corporation in the General


Information Sheet filed before the SEC is _____________________________;
7. No lawful General Information Sheet whatsoever was subsequently filed
by the Corporation. More negatively, no Joint Meeting was held by the
Corporation on 3 March 2011 changing the composition of the Board of
Directors of the Corporation;
8. JUN SEOK PARK, GUILLERMO L. CASULLA, JR. DANILO C. ORO,
JOANNA

O.

SOLEDAD

and

BOURNE

YOUNG

LEE

caused

the

preparation and filing of a purported General Information Sheet of the


Corporation thereby making them appear as the lawful Directors and
Officers of the Corporation when they caused the execution of the
purported Minutes of the Board Meeting of Phildipphil, Inc. on 3 March
2011 when in truth and in fact no such lawful meeting exists. Copy of
the purported Minutes of the Joint Meeting dated 3 March 2011 is
hereby attached as ANNEX E;
9. I learned that such General Information Sheet was purportedly filed by
another group which used the name of Phildipphil, Inc. sometime on
March 2011 and received by the SEC on 7 March 2011;
10.

In the said General Information Sheet, the purported Authorized

Capital Stock is composed of 110 000 Common Shares which has a par
value of 100 per share;

11.

In the said General Information Sheet, the purported set of

Directors and Officers of the Corporation are the following:


a.
b.
c.
d.
e.
f.
12.

Jun Seok Park


Guillermo L. Casulla Jr.
Danilo C. Oro
Joanna O. Soledad
Bourne Young Lee
Fe Marie S. Manzano

Chairman/ President
Director
Director
Director
Director
Secretary/ Treasurer

In truth and in fact, the Corporation did not file another General

Information Sheet in lieu of the one originally filed upon the SECs
issuance of the Certificate of Incorporation on _________;
13.

The General Information Sheet filed before the SEC received on 7

March 2011 contains statements which are not true for being a
simulation of a previously filed General Information Sheet;
14.

The purported Directors and Officers of the Corporation provided

in the General Information Sheet received on 7 March 2011 are not the
true and lawful Directors and Officers of the Corporation. Also, there is
no truthfulness in their assertion that they are the lawful stockholders of
the Corporation;
15.

That

said

General

Information

Sheet

was

notarized

and

subsequently filed to the SEC thereby making it a public document. Due


to this, a constructive notice existed when the same was notarized and
filed to the SEC. Such act prejudiced and damage the Corporation verily
for making it appear that a new composition of directors and officers
exists when the same is not true;
16.

The crime of falsification of public document was committed by

private individualsnamely JUN SEOK PARK, GUILLERMO L. CASULLA,


JR. DANILO C. ORO, JOANNA O. SOLEDAD and BOURNE YOUNG LEE
when they caused the preparation and filing of such General Information
Sheet and making them appear that they are the lawful stockholders and
officers of the Corporation;

17.

Article 172 of the Revised Penal Code provides that:


Art. 172. Falsification by private individual and use of
falsified documents. The penalty of prision correccional
in its medium and maximum periods and a fine of not more
than P5,000 pesos shall be imposed upon:
1. Any private individual who shall commit any of the
falsifications enumerated in the next preceding article
in any publicor official document or letter of exchange or
any

other

kind

of

commercial

document;

xxx

In relation to Article 172, Article 171 of the Revised Penal Code


enumerates the acts constituting falsification by private individuals of public
documents, par. 2 of Article 171 states among others that:
xxx
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate; xxx
18.

Essentially, the elements of the crime of falsification by private

individuals of public documents under the abovementioned act are


enumerated by J.B. L. Reyes (2001) as follows:
a. That the offender is a private individual;
b. That he falsifies a public document by causing it to appear that
persons have participated in any act or proceeding; and
c. That such person or persons did not in fact so participate in
theproceeding.

19.

Herein Defendants JUN SEOK PARK, GUILLERMO L. CASULLA,

JR. DANILO C. ORO, JOANNA O. SOLEDAD and BOURNE YOUNG LEE

are all private individuals. They are persons not occupying any public
position thereby being sued in their private capacity;
20.

The purported General Information Sheet filed and received by the

SEC is a public document for being notarized. In fact, the Declaration


under Oath of the purported Corporate Secretary could make her liable
for the crime of perjury should the circumstances so permit;
21.

Herein defendants did not really participate in the proceeding of

electing a new composition of the Board of Directors of the Corporation.


Consequently, causing the production of the General Information Sheet
and having it filed to the SEC constitutes falsification of public
documents by pretending that they participate in a proceeding rendering
them as the Directors and Officers of the Corporation when in truth and
in fact they are not;
22.
More so, such filing of the General Information Sheet confuses the
government and the general public. In the old case of People v. Po Giok
To, with G.R. No. L-7236 decided on 30 April 1955 (__SCRA __ ), the
Court distinctly stated that confusion in government records evidently
operates to the Government's prejudice;
23.

In Goma v. Court of Appeals withG.R. No. 168437 promulgated on

8 January 2009 (___ SCRA ___), the Court lengthily discussed the
damage in falsification of public document in this wise:
What is punished in falsification of public document is
principally the undermining of the public faith and the
destruction of truth as solemnly proclaimed therein. In
this

particular

crime,

therefore,

the

controlling

consideration lies in the public character of a document;


and the existence of any prejudice caused to third persons
or, at least, the intent to cause such damage becomes
immaterial. (Lastrilla v. Granda, G.R. No. 160257, January
31, 2006, 481 SCRA 324, 345; citing Lumancas v. Intas,
G.R. No. 133472, December 5, 2000, 347 SCRA 22, 33-34;

and Luague v. Court of Appeals, G.R. No. 55683, February


22, 1982, 112 SCRA 97, 101)
24.

With such acts, the destruction of truth as to the contents of the

General Information Sheet made herein defendants liable for the crime of
falsification of public documents.
25.

Ms. Fe Marie Manzano, the purported Secretary/ Treasurer of the

Corporation filed on 7 March 2011, is actually a Document Controller of


and a rank- and-file employee of the group. She executed an Affidavit in
the case ________ docketed as ________________ stating that she was not
aware that the signature she put on the documents relating to the filing
of such group in relation to Phildipphil, Inc.s transactions already made
her as the Corporate Secretary of the Corporation. Copy of the said
Affidavit is herein attached as ANNEX F;
26.

Unknown to her, the signatures she affixed on the documents

could include her as one of the perpetrators of the crime. Invoking good
faith, however, she should not be included in the crime charged. In this
regard, the Corporation is not filing any complaint against Ms. Fe Marie
S. Manzano for being a victim of the circumstances instead of being one
of the perpetrators of the crime;
27.

As held in People v. Po Giok To, supra, wherein it was the employee

of the Office of the City Treasurer of Cebu who performed the overt act of
writing the allegedly false facts, when it was the defendants who induced
him to do so by supplying him with those facts, such employee should
not be crucified. Consequently, the employee was defendant's mere
innocent agent in the performance of the crime charged, while defendant
was a principal by inducement. In the same vein, the act of Fe Marie S.
Manzano should be considered as an innocent agent unlike those of JUN
SEOK PARK, GUILLERMO L. CASULLA, JR. DANILO C. ORO, JOANNA
O. SOLEDAD and BOURNE YOUNG LEE where they should be
considered as principal by inducement;

28.

Thus, only JUN SEOK PARK, GUILLERMO L. CASULLA, JR.

DANILO C. ORO, JOANNA O. SOLEDAD and BOURNE YOUNG


LEEshould be considered as perpetrators of the crime of falsification of
public documents in the present circumstance;
29.

I am filing the instant complainant and charges in behalf of the

Corporation wherein I am authorized to do so, as shown in the attached,


Secretarys Certificate, ANNEX G, hereof.

AFFIANT FURTHER SAYETH NAUGHT.

JA HOON KU
Complainant

SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of April 2011 at


________ City, Philippines.

Assistant Public Prosecutor

CERTIFICATION

I HEREBY CERTIFY that I have properly examined the Affiant, and that I am
satisfied that he voluntarily executed and fully understood the contents of the
herein Affidavit- Complaint.

Assistant Public Prosecutor