340069967 COunter Affidavit EstafasdfasdfxcvwetgrgASF ASDFASDVXCV PDF

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REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE MANDAUE CITY PROSECUTION OFFICE MANDAUE CITY

JESSIE DOE, Complainant, -VERSUS23459 - 90

I.S. No. 01 –

JUAN YLAD Respondents. x-------------------------------------------------x

COUNTER AFFIDAVIT

I, JUAN YLAD, of legal age, married, Filipino, and a resident of, M.C. Briones St., Maguikay, Mandaue City, after having been sworn in accordance with law, respectfully states that 1. The instant criminal complaint is a malicious, baseless, felonious, unfounded, and unjust fabrication of the Complainant intended to compel Respondent to return his VISA Application fees worth Php 25,000.00; 2. The Respondent categorically states that: a. He did not commit any of the illegal acts alleged by the Complainant; b. The act of the Complainant in initiating this Complaint against the Respondent, has caused mental anguish, anxiety, sleepless nights, and besmirched reputation on the part of the Respondent; c. The Respondent shall file a counter-charge for PERJURY against the Complainant for the false and malicious accusations he has instigated against the Respondent. 3. The truth of the matter herein this case, is that, Respondent is a bona fide businessman engaged in the tourism sector,

including the processing of VISA applications to the United States, certain countries in Europe and Saudi Arabia, whose business operates under the name of Green Pasture Worldwide Tours and Consultancy 1, duly registered with the Department of Trade and Industry “DTI”. A copy of the DTI Certificate of Registration is hereto attached as Annex “1” and made an integral part hereof. It is not engaged in the placement

and

recruitment

of

workers

contrary

to

Complainant’s allegations, thus it has no POEA registration; 4. Respondent first met Complainant last March 23, 2011 when he was introduced as a friend by Respondent’s cousin, Andrew Ylad. According to Andrew, Complainant was an engineer who was looking for employment opportunities abroad. As the Complainant heard from Andrew that part of Respondent’s business include the processing of VISAs, he asked if Respondent could help him find an employer in Saudi Arabia; 5. As it was not part of Respondent’s business, he explained to Complainant that only registered recruitment and placement agencies could help him with such matter. Being not one, I could not help him secure employers, but merely to secure VISAs; 6. Respondent thoroughly explained such to Complainant, and the latter made an impression that he understood such. It was not five (5) years later until Respondent and Complainant met again after the latter sent a private message to Respondent in Facebook requesting for a “business” meeting at Starbucks Ayala. Because Respondent thought it would be fruitful, he agreed to meet Complainant; 7. Upon meeting, Complainant asked for my help in processing his VISA application to Saudi Arabia. Contrary to his allegations in paragraphs 5-9 of the Complaint, Respondent 1 Hereafter “Green Pastures”.

never offered a job to the Complainant. Instead, during the meeting,

he

informed

Respondent

that

after

several

applications, he was directly hired as an engineer by ARA BU Utilities and Services,2 a company based in Saudi Arabia; 8. Per Complainant, ARA BU directly hired him as Engineer and will be paid SAR 105,524 per year, with free board and lodging. However, as pre requisite to employment, they have to secure their own VISA. As such, he requested Respondent’s help to assure that he secure the needed VISA; 9. Respondent explained to Complainant that securing a VISA cannot always be 100% assured, as it all depends on the applicant and the embassy or consul. But, as he insisted, and as Respondent is engaged in the business of helping people secure VISAs, Respondent agreed; 10. Thus, after their meeting at Starbucks, they proceeded to the Respondent’s office in Ouano Buiding, M.C. Briones St., Maguikay, Mandaue City, where Complainant was given the requirements and explained the process; 11. On the process, Respondent asked Complainant if he was certain about ARA BU and its legitimacy. Complainant said that he was, because he knows certain friends who are already working with the company. Trusting him, Respondent never bothered to check the legitimacy or the existence of ARA BU; 12. Contrary to Complainant’s allegations that he was asked to pay Php 100,000.00, he was only made to pay the amount of Php 25,000.00 which covers the VISA fees, documentary requirements, and service fees for the processing of his VISA. As he needed a working VISA, a higher fee was required from Complainant compared to the regular rates for tourist and student VISAs. A copy of the 2 Hereafter “ARA BU”.

official receipt for the amount of Php 25,000 dated November 23, 2016 is attached hereto as Annex “2”. Aside from the Php 25,000.00, Respondent has not received any other amount from the Complainant; 13.

Respondent never issued any other receipts aside from

above mentioned. Thus, Complainant’s receipt is a forgery and a sham. As evidence of this fact, attached is a copy of Green Pasture’s Official Receipts3 which contain Control Numbers as mandated by the Bureau of Internal Revenue. The Complainant’s alleged Official Receipt on the other hand has no control number. 14. There is also no truth to Complainant’s allegation that Respondent made him leave his job, the truth being that he was unemployed when he approached the Respondent asking help for his VISA application; 15. To continue, Respondent admits Complainant’s allegations in paragraph 16-17 of the Complaint as these are part of the requirements for VISA Application. Consequently, Complainant had to go through the same. There is however no truth to the latter’s allegation that his passport would follow thereafter, for he already had one even before he applied for a VISA, a passport being a necessary requirement for the same. Such inconsistency only bolster the fact that Complainant is making up all of these accusations against the Respondent. A copy of his passport issued on October 25, 2015 is attached hereto as Annex “4”; 16. On December 7, 2016, The Embassy of Saudi Arabia communicated the rejection of Complainant’s VISA Application based on the fact that ARA BU was an inexistent company in Saudi Arabia having been closed down in May 2012. This was communicated to the Complainant, which 3 Attached hereto as Annex “3”....