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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION Branch 133, Makati City UNIMASTERS

CONGLOMERATION, INC., Plaintiff, - versus Civil Case No. 06-781 PRIVATIZATION AND MANAGEMENT OFFICE, THE PROVINCE OF LEYTE and PHILIPPINE TOURISM AUTHORITY (PTA) Defendants. x----------------------------------------------------------x URGENT EX-PARTE MOTION FOR WRIT OF PRELIMINARY ATTACHMENT Defendant Privatization and Management Office (PMO), through counsel, unto this Honorable Court respectfully states that: 1. Prior to August 22, 1994, Mr. Wilson L. Chan introduced himself as a "stouthearted" (See page 9, Amended Complaint) businessman and President of big Unimasters Conglomeration, Inc. (Unimasters). He represented that such corporation was duly authorized to operate and manage PMO's well known Leyte Park Hotel in Tacloban City and offered to lease the Hotel and committed to invest P50 Million to catch the next brisk business on October 20, 1994, the 50th Leyte Landing Celebrations (See pages 2 and 3, Amended Complaint). 2. Taking the portrayal as honest and in good faith as mandated in Art. 19 of the New Civil Code, PMO's Board of Trustees approved the offer per Resolution No. 94-432 on August 22, 1994. Accordingly, defendants PMO and PTA entered into a Lease Contract with Unimasters (Exh. A and Exh. 1) on September 15, 1994 and leased to Unimasters the Leyte Park Hotel for a period of 12 years. Unimasters committed thereunder to invest a minimum P50 Million in the hotel within six (6) years and to pay a monthly rental of P300,000 for the entire lease period; pay a deposit of P100,000 to cover unpaid public utility bills etc. 3. Defendant PMO, however, discovered later of that the Articles of Incorporation Unimasters did not authorize it to operate and manage a hotel and its incorporation was approved on August 5, 1976 with an authorized capital stock of ONLY P5,000,000, divided into 50,000 shares with par value of P100.00, with 10,000 shares thereof subscribed in the total amount of P1,000,000 and paid up capital of 2,500 shares in the amount of P250,000 by its incorporators and directors each of 500 shares in the amount of P50,000 each for a total paid up capital of a MEASLY 250,000 by its incorporators and directors, to wit: Name Joseph Ch. Chan Josephine L. Chan William L. Chan Wilson L. Chan Lily L. Chan No. of Shares 500 500 500 500 500 Amount P 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 TOTAL - P250,000.00

A copy of its SEC Registration No. 68954 dated August 4, 1976; Articles of Incorporation and Treasurer's Certificate are ANNEXES 1, 1-A and 1-B hereof; 4. Joseph Ch. Chan, Josephine L. Chan, William L. Chan, Wilson L. Chan, Lily L. Chan own and control Unimasters. The aforesaid Chan family and Unimasters are herein denominated all together as the respondents.

5. Respondents are in bad faith because Unimasters was not authorized by its charter to manage and operate the Leyte Park Hotel at the time it offered and signed the Lease Contract. And, PMO would not have approved the offer and signed such contract if Unimasters stated in its offer or told PMO of such lack of authority prior to its signing. But, respondents intentionally failed, neglected and never informed PMO thereof, which misled PMO in recommending the offer of Unimasters to PMO's Board of Trustees and its Board of Trustees was thus misled in approving the lease offer on August 22, 1994 per its Resolution No. 94-432, which paved the way for the signing of the Lease Contract; 6. Respondents thereafter purposely failed and maliciously refused to pay the P300,000 monthly rental despite demands. PMO then terminated the Lease Contract effective upon its expiration and demanded payment of unpaid rentals as well as the return of the leased premises (See Exh. 2). But, they adamantly refused. Their unpaid rental ballooned to a dizzying P71,530,707.70 as of June 2009 but remains unpaid despite demand, a copy of which is ANNEX 2 hereof; 7. The respondents are guilty of fraud in contracting or incurring their above-stated obligation in that they entered into the Lease Contract with PMO and PTA and willfully violated their duty therein in the name of and using as front Unimasters, knowing that the latter was actually not authorized to operate and manage a hotel and restaurant as a corporation by the Securities and Exchange Commission (SEC) and had a diminutive capital that can not secure nor pay the aforestated obligation. 7.a Respondent's lack of skill to operate and manage a hotel and restaurant surfaced worldwide in the internet as shown in the opinion poll site of the TripAdvisor LLC and expressed by many of the Hotel's foreign guests who stayed there. Here are 11 of them, to wit: 1. "Don't go there" Leyte Park Resort Hotel Mystery_Klient 26 contributions Manila, Philippines Dec 29, 2006 | Trip type: Business This hotel hasn't undergone any maintenance whatsoever since the time of Imelda, but their prices don't reflect the massive savings they have been making. The paint peels, the roofs fall to pieces, the grass is yellow. Shower water stands in the (unplugged) bathtub after 12 hours, taps are repaired with a puddle of molten metal, the aircon roars away all night, without mentioning the musty smell. 2. "NEVER AGAIN!" Leyte Park Resort Hotel Los Angeles Apr 28, 2009 | Trip type: Business I cant believe this place is still in business, What you see in the website is just a fantasy. I have a feeling that place is not perfect but this is the only place that looks decent on the web so I took a chance. WRONG MOVE!! This is a not a resort. I call this a dump! The goverment needs to shut this place down. They have no business perating a hotel in this condition. They want 65 US dollars for this place! I have been to cheap hotels but this is the the worst hotel I have seen in my whole entire life! Tacloban is nice but this hotel. 3. "How low can you go" Leyte Park Resort Hotel PhilippineTraveller 4 contributions Rotterdam Apr 6, 2009 | Trip type: Couples

. I've stayed several times in this hotel and each time I had a poolvilla Problem is that the rooms are getting worse and the more often you come, the higher the price. The management does not understand how to keep regular customers coming. They invest a minimum in reconstruction and maintanance. After negotiating the price for the poolvilla we were brought to the poolvilla and then I noticed they were not happy wit me. First of all the keycard was kept together with tape (clue nr. 1), the door jammed (clue nr.2), 'curtains' had never been washed (clue etc.), water out of the taps got everywhere accept in the sink, showerheads fell of when I opened the tap, light in the shower didn't work and could not be repaired, the pool wasn't clean, a hole in the wall where there should be a WiFi connec tion. Had to use the WiFi in the lobby. I think you get the picture now. The poolvilla's I got before were better. Food is so so (nothing to get excited about), often had our dinner in the floating restaurant (5 minutes walk) or in the city. The 'business center' is a joke. Staff was helpfull. The pool is cleaned with chlorine every night and you can smell it. Make sure that you get the complimentary water. Though they claim to be a great resort, they won't give you anything unless you ask for it, the same goes for cleaning the pool at the poolvilla; you must ask. Overall a disappointment and a shame that such a hotel is going down the hill because of bad manage ment. 4."The city is dirty and the hotel is on the ropes" Leyte Park Resort Hotel usAKano 1 contribution usA Nov 14, 2008 How did you disappoint me ? Let me count the ways. 1. No hot water. I hate cold showers. There is a tankless water heater in the shower, but it does not work. Several complaints later, I surmized that the hotel just didn't care about my hot water. 2. Hotel employees usually lounge about gawking at guest. 3. Extravagant profit margin for hotel's business center serv ices.. 4. Did I mention the lack of hot water in the shower ? 5. The fiscal plant is deplorable. 6. Extremely loud "boom box" music coming from adjacent music park. 7. The same trash I saw on arrival was in the same place when I departed. 8. Difficult or impossible to have correct room service. 9. There is no continental food. Almost exclusively Filipino food. 10.Manager is hostile when sober. 11, Too much more to itemize. 5."Never again, if I can avoid" Leyte Park Resort Hotel Joel23 38 contributions Essen, Germany Oct 26, 2008 | Trip type: Couples We had to stay 7 days in Tacloban and I booked a "Suprime Cottage" direct via the email-add provided at their outdatet website - everything went okay so far. I was told the cottage is 3,230.08 PHP / ~ 66$ a night (without breakfast) instead of 2,800.00 PHP which are shown on their website. The first impression was good until I was asked to pay a deposit of 10.000 PHP while checking in - I told them that is IMHO unusual, but they said it was an order from the man agement. For me it seems they urgently need money.... Un fourtunalety for them, the line for transfering the creditcard information didn't work (it was a sunday) and they had to give in. As others are telling here, this place is pretty down and not much maintenenance is done - just a bit at the pool and here not by exchanging the water, but by using more chlorine.

The pool area mostly was empty, which does not wonder, 'cause there is no shadow at all. Asking for sunshade we were told the umbrellas were blown away by the last typhoon ;-) The "Supreme Cottages" are quite big with a huge wardrobe. The room itself was so lala, equiped with an outdated but working aircon and TV and not worth 66$. Bathrooms is large as well and aside a shower there is a tub. But the bathrooms floor was painted last time some couples of years ago - since it was done bad, its might have looked ugly at that time already. The only mirror is provided at bathrooms door, so if you want to shave yourself you have to turn away from the sink and go to the door... The stuff was friendly, as most philippino in the business are. I won't call them lazy, maybe a bit demotivated. They just follow the orders and of course they are the ones, which have to face complains first. But simple requests like to fill up the minibar with some juices, are often met with confusion. We asked for two canned pineapple and two orange juices. First we were served two glasses of juice at the room. On the second attempt we were served four glasses at the room. Success on the third run. Avoid the miserable "breakfast buffet" - the other food also is pretty crappy measured on "luxury hotel" standards; in seven days they have not been able to provide a soft and tender chicken breast. Tried it three times and always get a shoe sole. For eating better walk the short way down to San Pedro's restaurant (the floating restaurant) to the left of the complex. The food there is very good. Some remarks to their "Fact Sheet" : (private terrace in all rooms)well, ours was very private and quiet, 'cause it looked so ugly, no one would like to sit there. We never did. Aside that only some old and dirty plastic chairs were provided. (minibar with coffee/tea setup) Tea and coffee was there but after an eight hour journey you need something cold, right? When getting to the room we found the fridge was switched off and we were told to preor der the first filling. If you know your customers arrive late afternoon on a certain day, is it such a big thing to check the room in the morning before customer arrives and prepare the minibar with some beers and softdrinks? (Wi-Fi internet accessibility) yepp, but only at the lobby and the affiliated cafe(which might be before what they called the "park cafe" - to the right of the reception) - it never was setup to accomodate guests. No one who would ask if you would like to drink or eat something, no ashtrays provided without asking for them. I always felt unwanted here so I just decided to go there to quick sync my emails. At the fifth day I again was asked to pay my balance (23.100 php = ~ 473 $) because "I exceeded my credit limit". I got a bit upset here. I mean, on the first hand I'm a guest, not an account holder, who overdrew his bank account. Nore I'm a fraudster, but by this I felt treated like one. I asked for the manager, but he didn't show up, so I payed my balance. Management wasn't seen again since then and we left the hotel two days later, happy to get out there. 6. "Will Never Come !!" Leyte Park Resort Hotel LATRADER 14 contributions LA CRESCENTA Sep 5, 2008 This Hotel needs total Renovation. Painting the room yellow is not a renovation. When we checked in we were shocked on the hotel and room condition. Sheets were dirty, bathroom is scary, phone was not working, you have workers looking like terrorist watching you while you enter the room and that makes you feel unsafe. I dont think they even bothered to paint the exterior since the 70's when Imelda Marcos used to own it. It only took us 15 minutes to decide to check out and move to another hotel. It has fabulous view but thats it. I have been to bad Hotels but this tops the list. This is worst than a sleazy Motel 8 in the really bad part of East LA. What a shame............

To be Fair the staff is nice and honest but thats not enough for customers to pay $60.00. This needs to be shut down and be renovated properly Liked - none Dislikedeverything except the staff 7. I selected this hotel as a top choice for: Museums / Cul tural / Historical sites This review is the subjective opinion of a TripAdvisor member and not of TripAdvisor LLC. Was this review helpful? Yes NoDec 8, 2007 The ideal location on the cusp of the waters of Tacloban was probably once a majestic beachside property when Imelda ran the show. It is now an acceptable place to enjoy the great view and grab a night's rest, but don't fool yourself it will be luxury. It is barely inhabited and the logistics of running the large estate seems to have won out over the incapable management. Duct tape seems to be the cure-all to every problem that has arisen over the last decade. I was unsuccessful ingetting the staff to answer my emails for a reservation, but they said they will respond to [--] and their phone is [--] and fax [--] My charge after walking in off the street was 2100 pesos. It is in a decent location and trikes can get you where you need to go in under a half hour. This includes the airport and the MacArthur Monument. I was fortunate enough to get a semi-newly renovated room with an excellent view. The furnishings are utilitarian and the upkeep had me concerned. It was purely functional. The pool was a nice touch and the location and view soothing. Just a shame this once gorgeous property is falling on ill-re pair. Liked - The view Dislikedinfrastructure Date of Stay: November 2007 8. I selected this hotel as a top choice for: Beach / Sun, Museums / Cultural / Historical sites, Outdoor / Adventure "Leyte Park Hotel will return" Leyte Park Resort Hotel sam_888 1 contribution new york city Aug 8, 2007 Our Trip to Leyte was a sentimental journey. My husband is a son of a US War Veteran and it was he who plan our travel so that we can visit at Red Beach Palo, and other sites my father- in-law loved to retell all over again. It was just timely because, Tacloban City is in a merry mood celebrating its annual fiesta last June 2007. We book through internet at Leyte Park Resort Hotel. When you enter the vast estate, the trees are perfect but landscaping is a so so. We learned later the hotel existed for 27 years and a government property. Its a hilltop and wow, what a sight when you enter the lobby, mostly made of wood and indigenous materials only wood hand railings are a bit dilapidated. Our room is the standard renovated room. It has 2 huge beds, with TV, DVD. The individual terrace in each room has a perfect view of a mountain and a gentle bay. It has adult and kiddie swimming pools. The rate is $44, not bad. The hotel is undergoing renovation a bit noisy with all the hammer and grilling, a bit inconvenient but great since room makes you comfortable. The Front Office Staffs are good, service crew are courteous and smiling. The staff offer their Pool Villa, my husband can't resist since our two children love it. We take advantage of the special discount. We stayed there on our 5th and last day. It's a fantabulous villa like those in Bali Indonesia, with a private infinity swimming pool overlooking a gentle bay and a moun tain, cascading waters, king size bed, dining area, mini garden and wi-fi connection--- a treat for $200! Veranda Cafe offers variety menu for a buffet meal.. but a restaurant within the compound that has international cuisine has a lot to offer at San Pedro Restaurant 300 meters from the main building.

We went to war shrines at MacArthur Shrine with a great view of the Leyte Gulf. Then went to Hill21 in Du;ag, an hour from the city. CAP Building where there are war memorials. Visited also the Leyte Capitol where Gen MacArthur once hold office. The city is not so clean. A Sto.Shrine boasts of collections of Former First Lady's Travels abroad. Back to hotel, its highly recommended if you want serenity, value for money and a fantastic view. Date of Stay: June 2007 9. MarcLeuven_Belgium 12 contributions Leuven, Belgium Jul 15, 2007 | Trip type: Couples 3/3 found this review helpful Our stay at the Leyte Park Hotel was far from pleasant. After check-in we settled in our room and went down for dinner. That first night we immediately had a taste of the entertain ment as we witnessed how some guests at the restaurants boozed themselves to a stupour and then started smashing the beer bottles and threatening the staff. Eventually the police had to be called in to bring the situation back under control. The next day upon going to the breakfast area I was ap proached by the hotel reception and told that I needed to settle the hotel bill. I had previously (several months) before arrival at the hotel pre-paid the bill to the local travel agent the hotel works with. It turned out the agency had never trans ferred my payment. In the following days a constant discussion about the biil ensued. I refused to pay again seeing that the hotel in my opinion does have some responsibility with regard to the travel agencies they work with. They should make sure to work only with trustworthy ones. I also refused to pay again mainly because this scam could happen any time again when someone would make a reservation. Eventually at check-out eventually I only paid the incidentals. The manager was very courteous and reasonable. Obviously the entire experience marred our stay. The rooms however are in a very poor state of disrepair and are definitely extremely overpriced. Expect tired furniture, cracked mirrors, calcium deposits on the tabs in the bathroom, peeling paint etc. The hotel is in a fine location. The restaurant has very limited items on the menu. The enter tainment (the officially hired one) is very basic and simple. In a nutshell : avoid when possible Liked - The friendly problem solving oriented manager Disliked - the poor, dirty dilapidated state Date of Stay: January 2006 10. alexfromengland 12 contributions england Mar 28, 2007 | Trip type: Couples When you approach the hotel up their wide sweeping drive, i thought WOW the hotel entrance reminded me of plush carri bean resorts i have stayed in the past, but that is where the fantasy finishes!! The hotel is going through a major renovation so there are piles of debris all out the back, but the view from our room was stunning , and thats what i came for a sea view, and thats what we got. The room we had was very good it was a refurbished room(costs 400 peso more), nice balcony with chairs and table. The swimming pool was fantastic we had it to ourselves for the whole week. Dinning forget it!!! Nearly everday we went out to the alanjandro hotel in Tacloban for breakfast as leyte park had no cornflakes and bananas, ( my must for breakfast), also no bread rolls, no fresh fruit. The hotel has a restaraunt called san pedro bay, the food was good, but get there before 9 .00 pm as their phill fish chef goes home then!! The hotel front reception staff were really help full, and would really try to help you. Liked - sea view Disliked - No billiards , very poor restaraunt food., no free internet connection in room 11. thecrossbowkid 91 contributions Bradenton, Florida Jan 7, 2007 | Trip type: Couples

I have been coming to Tacloban for extended stays for a few years and have stayed at Leyte Park many times along with other local hotels and have this to share: ConsThe staff are friendly but lazy and incompetent (hence the nickname "Lazy Park"). Simple requests (like an extra pillow) are often met with confusion. This place is pretty run down. Many of the old features are broken and rusting or decaying away. Many of the rooms smell of mold and the bedding stinks a little. The food is pretty crappy by "luxury hotel" standards, especially the miserable "breakfast buffet" (avoid). Every where are signs of wear and time- virtually nothing is invested in maintinance. Imelda should be ashamed of what they have done to her once magnificent creation. ProsThis hotel is the only "luxury" game in town, after all, Tacloban City is not exactly a tourist mecca. Although the Hotel Alejan dro is cleaner and nicer, it sits amid the smog and noise of the downtown while Leyte Park has magnificent waterfront views and clean air. The artistic vision of the hotel is exotic and unique with lots of wood and tropical motifs. This hotel has definite Character with a capital "C". The pool is large and deep (a little green) and they exen have a small swim up bar. The hotel is huge and has nice grounds to walk around. The Leyte Park is commonly almost empty, so it is quiet and you will have most of the place to yourself. The rooms are large with fantastic views of the Leyte Gulf and Samar. The McAr thur Park nearby is billed as a "luxury" resort but it's is far, far inferior. Be sure to check out Linda David, their resident musician- she performs 5 nites a week and is a pleasure to listen to (she played at my wedding). Other advice: A refrigerator is included with the room. Plug it in and fill it up to avoid hotel rip off prices. You can haggle like hell on the hotel price- I scored a standard room for about $32 USD for 9 days- not bad. Offer to pay cash for the full amount up front and watch the price drop. Ask for a %10 discount for any particular reason and they will listenthis is a bargaining culture. To eat, avoid the hotel and goto the Floating Resturant a short walk outside the complex. It is serene and the food is very good. Other good dining options in town include the Ocho seafood resturaunt, The Royal Resturaunt for Chinese and Guiseppe's for Italian- top of the line. Do not pay more than 15 pesos per person for local trike rides leaving from the Leyte Park complex to the downtown. When they see you are white they will try to scam you- agree on a price before getting in and repeat it so you are both sure what was agreed on. The trike drivers are mostly thieves and scoun drels- do not encourage them by overpaying. For culture, check out the Santo Nino Shirine to marvel at the eclectic collection of foreign luxury items accumulated by the thieving Marcoses. It is only a few pesos to enter and is good for an hour or two- be sure to get a guided tour. For late nite entertainment, goto Cue Balls for karaoke. It is THE place for the Hoi Paloy of Tacloban- classy and fun with state of the art karaoke machines. They usually have profes sional comedians and backup singers to keep things rolling. Happy Travels! LikedMassive Hotel- Big Pool- Beautiful Views Disliked - Run Down- Completely Incompetent Staff 8. Respondents' penchant to deceive and defraud is out and out exemplified in a P20.5 Million swindling complaint against Wilson Chan et. al. for Estafa thru Falsification of Public Document docketed as Criminal Case No. 2003-09-CR-52 entitled "People of the Philippines versus William Chan, Wilson Chan, Willard Chan, Wilbur Chan and Wilford Chan" before Branch 2, MTCC, Tacloban City. The Information charges them in conspiracy with each other in that they, as stockholder and board members of another corporation, pretended to be the owners of a property when they were not and through fraudulent manipulations committed the estafa. Copy of the Information is ANNEX 3;

9. The bad faith, deceit and fraud that the respondents employed on PMO could not have been accomplished without the active and direct cooperation and collaboration of respondents Joseph Ch. Chan, Josephine L. Chan, William L. Chan, Wilson L. Chan, Lily L. Chan, who, as the incorporators, stockholders, members of the board, officers or representatives of the plaintiff Unimasters Conglomeration, Inc., were the persons who actually planned, decided and acted for and in behalf of plaintiff Unimasters Conglomeration, Inc. and who were the ones who stood to benefit and did benefit from its transactions; 10. That Joseph Ch. Chan, Josephine L. Chan, William L. Chan, Wilson L. Chan, Lily L. Chan, merely used the plaintiff Unimasters Conglomeration, Inc. as their front and shield in defrauding PMO and PTA is clear from the fact that, as PMO subsequently discovered, Unimasters was not yet authorized to operate and manage a hotel and restaurant, when it entered and commited to invest P50 Million in the lease contract with PMO and PTA on September 15, 1994, knowing fully well that Unimasters had a diminutive authorized capital of ONLY P5,000,000; thus, it is evident that the said respondents deceitfully employed and purposely utilized the plaintiff corporation as a screen to cover their direct and personal involvement in the fraudulent scheme they perpetrated on PMO and PTA so as to pass on to and make Unimasters answer for their personal liabilities and further knowing fully well that Unimasters would not have sufficient assets to answer for its obligation, which now has jumped astronomically to a mind-boggling sum of P71,530,707.70; 11. Well-settled is the rule that a corporation has a personality separate and distinct from that of its officers and stockholders. This fiction of corporate entity can only be disregarded in certain cases such as when it is used to defeat public convenience, justify wrong, protect fraud, or defend crime; 12. In the case at bar, the corporate veil has been used and is continuously used by the respondents to perpetuate fraud and to serve their own personal interest by simply invoking the doctrine of separate personality to evade obligations and liability they may incur. As such, they can practically do anything illegal, wrong or fraudulent as they wish under the cloak of the corporation without being personally liable therefor. Hence, a ground to pierce the corporate veil; 13. Respondents' acts clearly fall under Section 1, pars. (b and d), Rule 57 of the Rules of Court which are the grounds and the authority to issue a writ of attachment against corporate and their own properties on PMO's counterclaim; 14. There is, therefore, not only a sufficient cause of action by way of counterclaim in the instant case against the respondents, but also a valid and justifiable ground for attaching their properties as may be sufficient to satisfy PMO's counterclaim, which has now ballooned to P71,530,707.70 as of June 2009; 15. There is no other sufficient security for the counterclaim which PMO seeks to enforce, it appearing that plaintiff Unimasters' authorized capital stock is sorely less than PMO's counterclaim of P71,530,707.70 as of June 2009; 16. In view of the fraudulent manner by which they incurred their obligation, PMO is justly entitled to a writ of attachment and thus respectfully prays for issuance of a writ of preliminary attachment against the corporate and individual properties of the respondents to secure the payment of PMO's aforesaid claim; 17. PMO is a government agency created pursuant to Proclamation No. 50, as amended. Sec. 34 thereof exempts PMO from Taxes, Fees, and other charges. In the same vein, PMO is exempt from posting an attachment bond conformably with the recognized exemption of government to file a bond under Par. 3, Sec. 16, Rule 39, Rules of Court, to wit: "When the writ of execution is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or levying officer is sued for damages as a result of the levy, he shall be represented by the Solicitor General and if held liable therefor, the actual damages adjudged by the court shall be paid by the National Treasurer out of such funds as may be appropriated for the purpose"; 18. To substantiate the foregoing allegations and in support of their prayer for issuance of a writ of attachment, PMO likewise hereby submits an affidavit which is hereto attached and made an integral part hereof as ANNEX 4; 19. Because their acts were commited in bad faith as hereinabove stated, this Motion acquires priority or preference over all other incidents pending in the instant case to immediately

stop the respondents from decimating their assets during the pendency of the case and secure the unpaid rentals due to PMO in the total amount of P71,530,707.70 as of June 15, 2009. RELIEFS WHEREFORE, it is most respectfully prayed that after hearing, a writ of preliminary attachment be issued ordering the Sheriff of the City of Makati, his deputy or deputies, or any other person who may be authorized by this Honorable Court, to attach as much of the properties of the plaintiff corporation and the individual respondents Joseph Ch. Chan, Josephine L. Chan, William L. Chan, Wilson L. Chan, Lily L. Chan, which are not exempt from execution or as maybe sufficient to satisfy PMOs principal claim of 71, 530, 707.77 as of June 15, 2009 for the satisfaction of any judgment that maybe rendered in favor of PMO. Other reliefs, just and equitable, are likewise prayed for Makati City, May 4, 2009. x