CEBU-17-0064-CR -versus- For: OTHER DECEITS UNDER ART. 318 OF RPC SEUNG JUNYANG & JAEYOUNG KIM,
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MOTION FOR ISSUANCE OF
WRIT OF PRELIMINARY ATTACHMENT
COMES NOW, the Private Offended Party KWANGKOOK
BYEON, through the undersigned counsel, and unto this honorable court, most respectfully states:
1. That under the Revsed Penal Code:
Art. 100. Civil liability of a person guilty of
felony. Every person criminally liable for a felony is also civilly liable.
2. That the general rule is that when a criminal action
is instituted, the civil action for the recovery of the civil liability arising from the offense charged under Article 100 of the RPC shall be deemed instituted with the criminal action.
3. That under Rule 128 of the Rules of Court:
Section 2. Attachment. When the civil action is
properly instituted in the criminal action as provided in Rule 111, the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused in the following cases: (a) When the accused is about to abscond from the Philippines; (b) When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer, officer of a corporation, attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty; (c) When the accused has concealed, removed, or disposed of his property, or is about to do so; and (d) When the accused resides outside the Philippines.
4. That there is reason to believe that both Accused SEUNG
JUNYANG and JAEYOUNG KIM are attempting or about to sell their shares of stocks with Welts Phil En Corporation and are about to depart from the Philippines to evade their eventual criminal and monetary obligations from this present case;
5. That the amount due to the Private Offended Party is
Php3,000,000.00, excluding legal fees and other charges as of to date for which amount, an order of attachment is being sought above all legal counterclaims against the Defendants;
6. Plaintiff is ready and willing to give a bond to be fixed by
this Honorable Court, executed to the defendant, to answe for all costs which may be adjudged to the latter, and all damages which defendant may sustain by reason of the attachment prayed for, if the court shall finally adjudge that Plaintiff is not entitled thereto;
WHEREFORE, premises considered, it is most respectfully
prayed unto this Honorable Court that:
1. An order of attachment be immediately issued by this
Honorable Court, requiring the sheriff to attach properties of the ACCUSED which are not exempt from execution or so much thereof as may be sufficient to satisfy Plaintiffs demand which is in the total amount of P3,000,000.00;
Other reliefs which are just and equitable are likewise
prayed for.
Cebu City, Philippines, April 10, 2017.
ATTY. PAULO A. ESCOBER
TAUTHO MANSANADEZ YAP AMADORA LAW OFFICES Roll No. 65206 / IBP No. 1058988, Cebu City, 1/3/17 PTR No. 7622491, Cebu City, 1/3/17 MCLE Compliance EXEMPT 2nd Floor, Snow Sheen Bldg., Osmea Blvd., Capitol Site, Cebu City Tel. No.: (032) 254-0451, 412-4032