Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Baguio City

NAGOYA DEL MUNDO

Complainant , I.S. No.______________

-versus- For:

NALINLANG KHA VIOLATION OF B.P. 22

Respondent .
x-----------------------------------x

COMPLAINT AFFIDAVIT

I, NAGOYA DEL MUNDO , Filipino, of legal age,single and a resident

of No. 90 Kalye Pogi, Pacdal, Baguio City, Philippines , hereby state under oath that:

1. That I am filing a complaint against NALINLANG KHA who is of legal age,

single, Filipino Citizen and a resident of No. 123 Kagandahan street, Pacdal,
Baguio City, Philippines where she may be served summons and other process
of the Honorable Office.

2. Sometime in March 2015 I attended an inspirational talk on “making your

money grow” with other individuals in a hotel conference room in Baguio
City. I was invited to the gathering by some investors who shared glowing
stories of the profits they earned in a few short months after they invested their
money.

3. Mr. Estafador Pow gave the inspirational talk and introduced his company he
called Mysterio Investment Firm. He also introduced one of his staff, Mr.
Nalinlang Kha.
4. During the gathering, Mr. Estafador proposed to the attendees a very lucrative
business opportunity and he promised a thirty percent profit per month on
their investment. There was a lot of good vibes and positive testimony from
other investors during the meeting so all the attendees, Including me who
decided to invest my money with Mr. Estafador. Initially, I invested P
500,000. After I received the promised pay outs, I added to my previous
capital another P 500,000 so that my total investment reached P 1,000,000.

5. After a few months, I demanded the return of my total investment because I

had to fund my ukay-ukay business. I received amounts in the form of checks
issued by Mr. Estafador. For reasons unknown, Mr. Estafador instructed me
to return the checks. The checks with Mr. Estafador’s signatures were
replaced by checks signed by his staff Mr. Nalinlang. The checks are BPI
checks with the following dates and amounts:

BPI Check no. 08093 July 15, 2016 P 250,000 (Annex “A”)
BPI Check no. 08094 August 15, 2016 P 250,000 (Annex “B”)
BPI Check no. 08095 September 15, 2016 P 250,000 (Annex “C”)
BPI Check no. 08096 October 15, 2016 P 250,000 (Annex “D”)

_____________
TOTAL: P1 000 000

6. I deposited the checks with my bank BDO SM branch ten days after the date
indicated in each check but the checks were all successively dishonored
when sent to BPI and returned to BDO with the following stamp “CLOSED
ACCOUNT”.

7. I made several verbal demands upon Mr. Estafador and Mr. Nalinlang but
they both kept promising that their Chinese counterparts will most assuredly
remit the profits from Hongkong but it’s taking sometime due to our strict
bank regulations here in the Philippines.

8. Fed up with the promises, I, through a notice of dishonour with demand

dated April 10, 2016 informed Mr. Estafador and Mr. Nalinlang of the
dishonor of the checks and demanded from them to make good the said
checks within FIVE banking days from receipt of the notice. The notice was
 sent to the Mysterio Offices by registered mail with registry receipt signed
by a staff in the office. Mr. Estafador who already left for China and could not
be found.

9. Herein attached is the notice of dishonour with demand delivered by

registered mail with registry receipt signed by a staff in the office. Mr.
Estafador marked as (ANNEX “E”).

IN WITNESS WHEREOF, I have affixed my signature this 8th day of May

2019 in the City of Baguio, Philippines.

NAGOYA DEL MUNDO

Affiant

SUBSCRIBED AND SWORN to before me 8th day of May 2019 in the

City of Baguio, Philippines. I FURTHER CERTIFY that I have personally
examined the Affiant and I am satisfied that he have read, understood and voluntarily
executed the foregoing affidavit-complaint.

Karingadaadan------- . .
Assistant City Prosecutor
May 8, 2019

NALINLANG KHA
111 Santillan Street, Pio del Pilar
Makati City

Re: Notice of Dishonor and Demand for Payment

Dear Sir:

This is to advise you that the following checks: BPI check no. 08093 dated July
15, 2016 ; BPI Check no. 08094 dated August 15, 2016 ;BPI Check no. 08095
dated September 15, 2016; and BPI Check no. 08096 dated October 15, 2016 each
check in the amount of two hundred fifty thousand pesos (P 250,000 ) with a total of
one million pesos (P 1 000 000) you issued in my favor has been dishonored for
“ACCOUNT CLOSED” .
When you issued said check, you assured me that there are more than sufficient
funds in your bank account to cover the said amount. However, the check was
returned dishonoured.
Final demand is now made upon you to make good your obligation within five (5)
days from receipt hereof. Otherwise, I will be constrained to hire the services of a
lawyer to file a necessary criminal action against you
Please be guided accordingly.

Very truly yours,

NAGOYA DEL MUNDO

 Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Baguio City

NAGOYA DEL MUNDO

Complainant , I.S. No.______________

-versus- For:

NALINLANG KHA VIOLATION OF B.P. 22

Respondent .
x-----------------------------------x

COUNTER –AFFIDAVIT

I , NALINLANG KHA who is of legal age, single, Filipino Citizen and a resident of
No. 123 Kagandahan street, Pacdal, Baguio City, Philippines c/o Karing Law Office,
Room 14. 2nd Floor Alejandro Building, Bonifacio Street, Baguio City under oath
hereby depose and state that:

1. I am the respondent in NPS Docket no. 2-12-INV-12-0345 for ALLEGED

VIOLATION OF B.P. 22 entitled Nagoya Del Mundo –versus- Nalinlang
Kha pending investigation before the City Prosecutor of Baguio City, upon
affidavit complaint filed by Nagoya Del Mundo.

2. I vehemently deny that I deceived the Complainants in the instant case for I
was merely employed as a staff of Mr. Estafador doing clerical jobs and fixing
his schedules for the day and that I was not privy to Mr. Estafador’s business
and did not know what Mr. Estafador did with all that money. In fact, I also
invested some of my money into the corporation before I became employed
by it. All I know was that Mr. Estafador had a lot of Chinese associates he met
frequently here and in Hongkong and Mr. Estafador was investing the money
in stocks in Hongkong.
3. As clearly stated in their Complaint Affidavit, particularly in item 3 thereof, I
was merely introduced as a staff of Mr. Estafador in his Mysterio investment
firm and I was not the one who invited the complainant.

4. In paragraph 4 of the complaint affidavit it was stated clearly that it was not I
who entice them to invest in the company of Mr. Estafador where I work as a
staff and that it was due to the positive testimonies of other investors that made
him invest in the company of Mr. Estafador.

5. I was only working with Mr. Estafador for a few months when I was pressured
to open a BPI account and issue checks to various persons. Mr. Estafador
assured me that there was money to fund the checks and that money would be
regularly placed in my account to fund the checks. As clearly stated in
paragraph 6 that it was Mr. Estafador who initially issued the checks but made
the complainant return it which I am not aware of that pieces of checks were
initially issued. On April 21, 2019 I was ordered by Mr. Estafador to issue the
Checks marked as Annex “A”,”B”,”C” and “D” in the Affidavit –
Complaint saying an amount of one million pesos (P1 000 000) was
transferred in the account he made me open and because I needed the job, I
trusted Mr. Estafador and issued the checks.

6. To reiterate, I never deceived or enticed the complainant to invest. What I did

was to follow the instruction of my employer, Mr. Nalinlang to issue the
checks after he assured me that there was money transferred in that account
he made me open. Hence, there is lack of knowledge on my part that account
was closed.

7. I therefore beg the kind indulgence of the Honorable Investigating Prosecutor

to consider that my liability to the complainants, if there be any, should only
be civil in nature, hence, I respectfully pray that the instant case be dismissed
for lack of probable cause.

8. I am executing this affidavit to attest to the truth and veracity of its contents
and for the pusposes of enlightening the Honorabe Investigating Prosecutor
of what really are the truths and for the necessary DISMISSAL of the instant
case and for all legal intents and purposes this may properly serve.
 IN WITNESS WHEREOF, I have affixed my signature this 13th day of May
2019 in the City of Baguio, Philippines.

NALINLANG KHA
Affiant

SUBSCRIBED AND SWORN to before me 13th day of May 2019 in the

City of Baguio, Philippines. I FURTHER CERTIFY that I have personally
examined the Affiant and I am satisfied that he have read, understood and voluntarily
executed the foregoing affidavit-complaint.

Karingadaadan------- . .
Assistant City Prosecutor