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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


BRANCH 8
CEBU CITY

PEOPLE OF THE PHILIPPINES,

CRIMINAL CASE NO. M-


CEBU-17-0064-CR
-versus- For: OTHER DECEITS
UNDER ART. 318 OF RPC
SEUNG JUNYANG &
JAEYOUNG KIM,

x-----------------------------------x

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

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