Complaint Affidavit

Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City
PARK SEONG JAE and

JOSEPHINE C. LEE,
Complainants,
-versus- I.S. No. ______________

For: Violation of Article 315,
paragraphs 2 (a) of the
Revised Penal Code or
Swindling (Estafa);
PAK SIN,
Respondent.
x---------------------------------------x
Republic of the Philippines )
Quezon City ) S.S.
COMPLAINT – AFFIDAVIT
We, PARK SEONG JAE, Korean citizen and JOSEPHINE C.

LEE, Filipino, both legal age, Filipino, residents of
_______________________ and _______________________,
respectively, after having been sworn to in accordance with the law
do hereby depose and state:
1. We are filing a criminal complaint for violation of Article

315, paragraphs 2 (a) of the Revised Penal Code or
Swindling (Estafa) against PARK SIN, a Korean citizen, of
legal age, and with postal address at No. 9 Gilmore Avenue,
Barangay Valencia, New Manila, Quezon City, where he
may be served with notices and other processes of this
Honorable Office;
1
2. Sometime in February 2020, we were invited by Park Sin at
his residence at Quezon City to show us his business which
later we known as TOC Philippines Company;
3. During the meeting, Park Sin explained us about the

structure and operations of his business and in that juncture,
Park Sin induced us to invest to his company as it needs of
investors for its expansions;
4. Park Sin also explained us about the profit share of 5%

monthly income that we will be receiving from our
investments;
5. Due to his inducement, we acceded to be his investors;
6. Sometime thereafter, we went to the residence of Park Sin to

ask for a copy of his company’s profile and to request him to
visit the place where his company is located, but Park Sin
has told us to wait for a copy thereof and an available
schedule to visit TOC Philippines Company;
7. In that juncture, we were induced by Park Sin to instead,

give our investment money so that we will be having our
personality as investors once we will be at the TOC
Philippines Company;
8. Due to his persuasion, we handed to Park Sin our

investment money in the amount of Two Million Eight
Hundred Twenty-three Five Hundred Three Pesos
(P2,823,50300);
9. After receiving our investment money, Park Sin made a

Memorandum of Agreement and thereafter, we signed said
document; a copy of which is attached hereto as Annex “A”;
10.One month has passed since we engaged with him as

investors, no profit from our investment has received from
him;
2
11.In that juncture, we contacted Park Sin to ask our profit but
we never reached his phone; we also texted him to demand
the 5% profit but to no avail;
12.We also investigated TOC Philippines Company and to our

surprised, no TOC Philippines Company that exists;
13.On June 5, 2020, We engaged the service of a lawyer who

immediately made a verbal demand to return our
investment but to no avail;
14. And after determining by our lawyer the probability of a

commission of a crime, we executed this complaint;
15. We were also afraid that being a Korean national who

possesses a Korean Passport, Park Sin could be easily flew to
Korea;
16. Under Article 315, paragraph 2(a) of the Revised Penal

Code the law punishes the act of one person defrauding
another by means of false pretenses or fraudulent acts.
Article 315, paragraph 2(a) of the Revised Penal Code

defines estafa as:
Art. 315. Swindling (estafa). - Any person who shall defraud

another by any of the means mentioned hereinbelow x x x:
xxxx
2. By means of any of the following false pretenses or

fraudulent acts executed prior to or simultaneously with
the commission of the fraud:
(a) By using a fictitious name, or falsely pretending

to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions; or by
means of other similar deceits.
17.The Court said in the case of Rosita Sy v. People of the

Philippines, G.R. No. 183879, April 14, 2010, there are three
3
ways of committing estafa, viz.: (1) with unfaithfulness or
abuse of confidence; (2) by means of false pretenses or
fraudulent acts; or (3) through fraudulent means. The three
ways of committing estafa may be reduced to two, i.e., (1) by
means of abuse of confidence; or (2) by means of deceit.
The act complained of in the instant case is penalized under

Article 315, paragraph 2(a) of the RPC, wherein estafa is
committed by any person who shall defraud another by false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud. It is
committed by using fictitious name, or by pretending to
possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of
other similar deceits.
The elements of estafa by means of deceit are the following,

viz.: (a) that there must be a false pretense or fraudulent
representation as to his power, influence, qualifications,
property, credit, agency, business or imaginary transactions;
(b) that such false pretense or fraudulent representation was
made or executed prior to or simultaneously with the
commission of the fraud; (c) that the offended party relied
on the false pretense, fraudulent act, or fraudulent means
and was induced to part with his money or property; and (d)
that, as a result thereof, the offended party suffered damage.
18. In the instant case, all the foregoing elements are present.
Park Sin misrepresented and falsely pretended that he is the
Operations Manager of TOC Philippine Company and that
he had the capacity to give us the profit from our investment
with his company;
19.The misrepresentation was made prior his engagement with

me. It was the Respondent’s misrepresentation and false
pretenses that induced us to invest our money to his
company. As a result of his false pretenses and
misrepresentations, we suffered damages. More so, our
respective business and family suffered constraints.
4
20.The Respondents committed deceit by representing that he is
an Operation Manager and that that the company is doing
operational business in the Philippines;
21.I was led to believe by Park Sin that he possessed the power
to give us profit, when, in fact, his company is non-existent;
22.We suffered mental anguish, experiencing sleepless nights

and suffering wounded feelings due to his deeds.
23.We are filing this affidavit to support our complaint against

Respondent for violation of Article 315 paragraphs 2(a) of
the Revised Penal Code and for whatever legal purposes
that this may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this ___

June 2020 at Quezon City.
PARK SEONG JAE JOSEPHINE C. LEE,

Complainant Complainant
SUBSCRIBED AND SWORN to before me this ___ June 2020 at

Quezon City. I hereby certify that I have examined the Affiants and
that I am fully satisfied that they voluntarily executed and
understood the contents of their Complaint-Affidavit.
ADMINISTERING OFFICER

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What was Park Sin's business that he invited the complainants to invest in?

What was Park Sin's business that he invited the complainants to invest in?

How much money did the complainants invest with Park Sin and what were they promised in return?

How much money did the complainants invest with Park Sin and what were they promised in return?

Republic of the Philippines

PARK SEONG JAE and

-versus- I.S. No. ______________

We, PARK SEONG JAE, Korean citizen and JOSEPHINE C.

1. We are filing a criminal complaint for violation of Article

3. During the meeting, Park Sin explained us about the

4. Park Sin also explained us about the profit share of 5%

5. Due to his inducement, we acceded to be his investors;

6. Sometime thereafter, we went to the residence of Park Sin to

7. In that juncture, we were induced by Park Sin to instead,

8. Due to his persuasion, we handed to Park Sin our

9. After receiving our investment money, Park Sin made a

10.One month has passed since we engaged with him as

12.We also investigated TOC Philippines Company and to our

13.On June 5, 2020, We engaged the service of a lawyer who

14. And after determining by our lawyer the probability of a

15. We were also afraid that being a Korean national who

16. Under Article 315, paragraph 2(a) of the Revised Penal

Article 315, paragraph 2(a) of the Revised Penal Code

Art. 315. Swindling (estafa). - Any person who shall defraud

2. By means of any of the following false pretenses or

(a) By using a fictitious name, or falsely pretending

17.The Court said in the case of Rosita Sy v. People of the

The act complained of in the instant case is penalized under

The elements of estafa by means of deceit are the following,

19.The misrepresentation was made prior his engagement with

22.We suffered mental anguish, experiencing sleepless nights

23.We are filing this affidavit to support our complaint against

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

PARK SEONG JAE JOSEPHINE C. LEE,

SUBSCRIBED AND SWORN to before me this ___ June 2020 at

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