Republic of the Philippines Department of Justice NATIONAL PROSECUTION SERVICE CITY PROSECUTION SERVICE OF MANILA City of Manila

Related to: I.S. No. ___________________________ Prosecutor_________________________ I.S. No. _____________________________ Prosecutor__________________________

MEMORANDUM OF PRELIMINARY INVESTIGATION

COMPLAINANT/S CHARIOT TRAILER LEASING CORP. RESPONDENT/S MR. HONORATO C. SAMSON, MS. LUISA V. SAMSON and/or WINSTON CHARLES MARKETING #667 Pinaod, San Ildefonso, Bulacan

Rm. 111-B Mercantile Insurance Bldg., Gen. Luna cor. Beaterio Sts., Intramuros Manila

CRIME/OFFENSE COMMITTED: BATAS PAMBANSA BLG. 22

PLACE OF COMMISSION: MANILA DATE & AMOUNT: OCTOBER 27, 2007 (PHP10,000.00)

WITNESS/ES: MR. NOEL M. BUMANGLAG Rm. 111-B Mercantile Insurance Bldg., Gen. Luna cor. Beaterio Sts., Intramuros, Manila NOTE: (Underline Answer) 1) Has a similar complaint been filed before any other office? 2) Is this complaint in the nature of a counter-charge? NO 3) Are all the above information true and correct? YES NO

ATTY. GLENN M. MANGAOIL (Signature of Complainants Counsel) Address: MANGAOIL LAW OFFICE Unit 10A Country Space 1 Bldg., Sen. Gil Puyat Ave., Makati City IMPORTANT: Complainant shall be required to file his complaint in the form of an affidavit to which must be appended affidavit of witnesses, annexes and other supporting documents. The statements of the complainant and his witnesses, annexes and other supporting documents. The statements of the complainant and his witnesses shall, as far as practicable, be sworn to before the Investigating Prosecutor. If sworn to before any officer authorized to administer oaths, the Administering Officer shall CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. NOTE: Number of copies of affidavit of complainant/s and witness/es and other documents equal to: Six (6) copies/set for one (1) respondent One (1) additional copy/set for each additional respondent One (1) additional copy/set for each additional law violated should be submitted so that the complaint may be given due course.

COMPLAINT-AFFIDAVIT/BP Blg. 22 (CTLC v. WINSTON CHARLES MARKETING et al.)

REPUBLIC OF THE PHILIPPINES} CITY OF }Sc. COMPLAINT- AFFIDAVIT I, NOEL M. BUMANGLAG, Filipino, of legal age, with office address at Rm. 111-B Mercantile Insurance Bldg., Gen. Luna cor. Beaterio Sts., Intramuros, Manila , after having been duly sworn in accordance with law, do hereby depose and state that: 1) I am the present General Manager of CHARIOT TRAILER LEASING CORP., said company being a domestic corporation engaged in the business of trailer leasing and other allied services with principal office at Rm. 111-B Mercantile Insurance Bldg., Gen. Luna cor. Beaterio Sts., Intramuros, Manila, hereinafter referred to as "CTLC" for brevity; 2) Along with my duties and responsibilities as such, is to represent the company in the cases it files before any court/tribunal/judicial agency in order to protect its interests, as manifested in the herein attached Secretarys Certificate and herein marked as Annex "A"; 3) As mentioned above, CTLC is engaged in the business of trailer leasing and other allied services, and among its clients is a establishment engaged in trucking business, known as WINSTON CHARLES MARKETING" owned and managed by MR. HONORATO C. SAMSON & MS. LUISA V. SAMSON; 4) Said business establishment has its known office address at #667 Pinaod, San Ildefonso, Bulacan, as represented by its Owners/Proprietors MR. HONORATO C. SAMSON & MS. LUISA V. SAMSON with the same residence address at the aforementioned business address, who are authorized to accept summons and legal processes in all legal proceedings & all notices affecting the aforementioned establishment at its aforementioned business address; 5) On various dates commencing from January 2007 up to March 2007, MR. HONORATO C. SAMSON & MS. LUISA V. SAMSON, doing business under the name of WINSTON CHARLES MARKETING, engaged the services of CTLC in furtherance of their business activity. In the course thereof, WINSTON CHARLES MARKETING has incurred several unpaid obligations to CTLC; 6) Commencing from January 2007, Winston Charles Marketing has failed to pay their accounts regularly to CTLC which in turn made them incurred a total obligation of ONE HUNDRED NINETY SIX THOUSAND FOUR HUNDRED EIGHTEEN PESOS and EIGHTY FOUR CENTAVOS (PHP196,418.84) as reflected in the herein attached Statement of Account as of January 08, 2008, and marked as Annex B. 7) From that date onwards, CTLC found it hard to collect for payments from WINSTON CHARLES MARKETING in spite of several demand letters which were sent to and received by them; 8) However, on October 27, 2007, MS. LUISA V. SAMSON and/or WINSTON CHARLES MARKETING tendered to CTLC a post-dated EQUITABLE PCI BANK CHECK dated October 27, 2007, with Serial No. 0216702, amounting to TEN THOUSAND PESOS (PHP10,000.00), supposedly representing their payment for their Cash Bond. Photocopy of the said check is hereto attached and marked as Annex C ; 9) Consequently, when negotiated/presented for payment to the drawee bank, aforesaid check was returned unpaid by the Bank of the Philippine Islands (BPI), U.N. Avenue Branch, with business address at United Nations Avenue, Manila, on the specified date therein, for reason that it is DRAWN AGAINST INSUFFICIENT FUNDS, as seen in the attached Annex D hereof;

COMPLAINT-AFFIDAVIT/BP Blg. 22 (CTLC v. WINSTON CHARLES MARKETING et al.)

10) Proper notifications and demand were made and sent to Mr. Honorato Samson & Ms. Luisa Samson, the latter being the signatory of the check, so that they or she could replace them with CASH and/or settle said accountability with the reason of the return thereof. Copy of the latest demand letter is hereto attached and marked as Annex E hereof; 11) In spite of the successive demand letter sent by our in-house counsel, MS. LUISA V. SAMSON and/or WINSTON CHARLES MARKETING , failed and refused, and continue to fail and refuse to redeem in cash the face amount of the unfunded returned check. Filing of this case was even suspended for almost several times already just to give them the ample time and opportunity to settle their obligations in full, but the same served futile; 12) I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of charging MS. LUISA V. SAMSON as one of the Owner/Proprietor of their business WINSTON CHARLES MARKETING for violation of the provisions of BATAS PAMBANSA BLG. 22. AFFIANT FURTHER SAYETH NAUGHT. Makati City for Manila, Philippines, January 08, 2008.

CHARIOT TRAILER LEASING CORP. Complainant

By NOEL M. BUMANGLAG Affiant SUBSCRIBED AND SWORN to before me, this ____ day of _______________, Manila, Philippines, affiant exhibiting to me his CTC No. __________, issued on ___________ at ______________.

ASSISTANT PROSECUTOR I hereby certify that I have personally examined the affiant and that I am fully satisfied that she voluntarily executed and understood her sworn statement.

ASSISTANT PROSECUTOR

COMPLAINT-AFFIDAVIT/BP Blg. 22 (CTLC v. WINSTON CHARLES MARKETING et al.)

REPUBLIC OF THE PHILIPPINES} CITY OF } Sc. SECRETARY'S CERTIFICATE I, ATTY. GLENN M. MANGAOIL, MANGAOIL duly appointed and incumbent Corporate Secretary of CHARIOT TRAILER LEASING CORP. (CTLC), a corporation duly organized and existing under and by virtue of Philippine laws with principal office address at Rm. 111B Mercantile Ins. Bldg., Gen. Luna cor. Beaterio Sts., Intramuros, Manila, hereinafter referred to as the "Corporation", after being duly sworn to in accordance with law, do hereby depose and state that at a Special Meeting of the Board of Directors held on August 06, 2007, at its aforesaid address and at which meeting all of the members of the Board of Directors were present and acting throughout, the following resolution, on motion duly made and seconded, was unanimously approved: SBR CTLC 2007 01 - 08 "RESOLVED, AS IT IS HEREBY RESOLVED, That the Corporation through the Board of Directors, direct and authorize, as it hereby directs and authorizes its General Manager, MR. NOEL M. BUMANGLAG, to institute and/or file a Criminal Case for Violation of BP # 22 (Bouncing Checks Law) against AUDLEY TRUCKING and/or MS. RUBY ALBA-PAULINO, before the appropriate tribunal/judicial body having jurisdiction over the aforementioned case; "RESOLVED FURTHER, That the Corporation authorize, as it hereby authorizes its General Manager, MR. NOEL M. BUMANGLAG, to sign any and/or all pleadings and other relevant documents pertinent to the case. "RESOLVED FINALLY, That the Corporate Secretary be directed, as he is hereby authorized and directed to furnish all persons concerned, copies of the foregoing resolution. AFFIANT FURTHER SAYETH NAUGHT. August 06, 2007, Makati City for Manila. ATTY. GLENN M. MANGAOIL Corporate Secretary SUBSCRIBED AND SWORN to before me this ____ day of _____________ affiant exhibiting his CTC # 17656962 issued at Makati City on 1/20/07. NOTARY PUBLIC Doc. No. ____; Page No.____;

COMPLAINT-AFFIDAVIT/BP Blg. 22 (CTLC v. WINSTON CHARLES MARKETING et al.)

Book No.____; Series of 2007.

COMPLAINT-AFFIDAVIT/BP Blg. 22 (CTLC v. WINSTON CHARLES MARKETING et al.)