OPEN TRIAL:GRAVE THREATS No.4

REPLY-AFFIDAVIT OF AYAKO SASAKI

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OPEN TRIAL:GRAVE THREATS No.4 (翻訳)

REPLY-AFFIDAVIT of AYAKO SASAKI

REPUBLIC OF THE PHILIPPINES Department of Justice
OFFICE OF THE CITY PROSECUTOR Lapu-Lapu City

AYAKO SASAKI,

Complainant, – versus –

HIROSHI YAMANAKA,
GENKI, and TSUCHICHARA HIROTO,

Respondents.

X – – – – – – – – – – – – – – – – – – – – – – – -/

NPS DOCKET No. VI-12-INV-0034718
For: Multiple Counts of Grave reats with Condition

MATUI

REPLY-AFFIDAVIT

I, AYAKO SASAKI, Japanese national, of legal age, single, and resident of Lapu-Lapu City, Cebu, after having been duly sworn to in accordance with law, hereby depose and state:

1. I have received a copy of and perused the Counter Affidavit1 of HIROSHI YAMANAKA (“Hiroshi”), and the Joint Counter Affidavit2 of MATSUI GENKI (“Genki”) and TSUCHICHARA HIROTO (“Hiroto”).

2. In their respective Reply-Affidavit, respondents expressed their vehement opposition to the complaints for Grave reats with Condition, defined and penalized under Article 282 of the Revised Penal Code of the Philippines against Genki and Hiroto for threatening to murder me, my son, and the rest of my family if I would not affix my signature on the checks which they forcibly wanted me to sign, on two (2) separate occasions; and against Hiroshi Yamanaka, for being the mastermind of the two (2) separate incidents

1 Counter-Affidavit of Hiroshi Yamanaka dated 23 July 2018.
2 Joint Counter-Affidavit of Matsui Genki and Tsuchichara Hiroto dated 20 July 2018.

of threats with condition directly participated by Genki and Hiroto, and for threatening me with a condition himself.

In their futile attempt to undermine the impact of their despicable acts and desensitize truth in itself, herein respondents retaliated with feigned denials and lame alibis, which all the more showcase their guilt.

3. Respondent Hiroshi wanted it believed that he was never responsible if respondents Genki and Hiroto ever threatened to murder me, my son, and the rest of my family if I would not affix my signature on the checks which they forcibly wanted me to sign, and that he likewise audaciously denied threatening me, my son, and family with death, at all.

4. On the other hand, respondents Genki and Hiroto asserted, though falsely, that they did not come or gravely threaten to murder me at my house at Block 11, Lot Nos. five (5) and seven (7), Pacific Villa, Santan St., Lapu-Lapu City, Cebu, on or about 21 January 2017, and that while they admitted being present in my residence later, on 05 February 2017, they claimed to have never committed any crime against me.

5. e assertions made by the respondents are all embodied in the Counter-Affidavit executed by Hiroshi, and the Joint Counter-Affidavit of Genki and Hiroto, dated 23 July 2018 and 20 July 2018, respectively.

6. Said Counter-Affidavit and Joint Counter-Affidavit had both been filed before this Honorable Office and served upon me, through counsel in response to the subpoenas issued to each of them.

7. e Counter-Affidavit and the Joint Counter-Affidavit of herein respondents, are all pro forma and considered as mere scraps of paper which all provide no legal effect. e affidavits of herein respondents were executed in gross violation of the requirements provided by the Rules of Court.

8. Under the Rules on Criminal Procedure, the respondents should, within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, shall submit their respective counter- affidavits and that of their witnesses and other supporting documents relied upon for their defense. e rule, however, is explicit that the counter-affidavit which any respondent may file pursuant to the subpoena issued to him must be subscribed and sworn to before any prosecutor or government official authorized to administer oath. ese are the words embossed too clearly under Section 3, Rule 112 of the Rules of Court:

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“Section 3. Procedure. — The preliminary investigation shall be conducted in the following manner:

(a) The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause. They shall be in such number of copies as there are respondents, plus two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public, each of who must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.

xxx

(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified as provided in paragraph (a) of this section, with copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.”

As clear as daylight, for a counter-affidavit to be valid, it shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath.

9. In this case, however, respondents Hiroshi, Genki, and Hiroto miserably failed to comply with the mandatory requirements of the Rules on Criminal Procedure. e respondents’ Counter-Affidavit and Joint Counter Affidavit were never subscribed and sworn to before a prosecutor or government official authorized to administer oath.

As can be gleaned from his Counter-Affidavit, Hiroshi, for his part, executed the same before Atty. Vesmind T. Santiago, CPA, on 23 July 2018, while Genki and Hiroto subscribed their Joint Counter-Affidavit before Atty. Evangeline C. Aliman.

e respondents’ Counter-Affidavit and Joint Counter-Affidavit are utterly inadequate as to fall short of a true counter-affidavit in the legal scale.

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Respondents wittingly or unwittingly failed to comply the with what is mandatorily required and have totally lost the given opportunity. Be that as it may, the respondents are bound by the legal consequences of their very own procedural blunder.

10. As it is now, the respondents failed to file a valid counter-affidavit on time while ample opportunity had been given for them to file the same and present countervailing evidence. is failure is an elephant in the room, too glaring and too outrageous to be ignored.

is premise considered, I need not even file a reply-affidavit.

11. For truth’s sake, however, I earnestly intend to express my side of the story if only to shed light on this controversy. Hence, this Reply-Affidavit.

12. As for respondent Hiroshi, far from refuting the serious allegations against him, he instead attempted to divert this Honorable Office’s attention from the genuine issues of these cases. He evaded the charges as how the guilty fled from his own crime.

13. First, Hiroshi made it appear that I was on a mission of regaining absolute control over BAYSIDE ENGLISH CEBU, Inc. (“Bayside English”) and that this case was just a means to realize such goal. is notion, however, is rather speculative and farce.

I am filing three (3) counts of Grave reats with Condition against respondent Hiroshi for the criminal violations that he committed against me. To be sure, the primordial issue here is nothing more than his guilt or innocence on the matter and not about the ownership of Bayside English.

I lodged these complaints for the reason that I had been aggrieved by his malicious acts and he must be punished therefor— not to regain ownership over Bayside English through this criminal complaint.

14. Return of control over Bayside English is not a legal consequence of the criminal complaint I filed against the respondents.

As opposed to a civil action, a criminal action is one by which the State prosecutes a person for an act or omission punishable by law.3 And the primary

3 Section 3, paragraph b, Rules of Court.

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objective of any criminal action is for the perpetrator to be punished with imprisonment and/or other appropriate penalty.

15. I came before this Honorable Office to initiate criminal cases against the respondents. Respondent Hiroshi had done multiple punishable acts against the State by threatening me with condition on three (3) different instances.

Verily, what he did to me were acts that are punishable under this jurisdiction. He did not only mess with me and my private life, but with the People of the Philippines as a whole.

16. In the likely event that the complaint for three (3) counts of Grave reats with Condition would reach the trial court, and as soon as the trial of these cases would culminate, what would be there to be resolved is not the return of control over Bayside English to me or to whoever, but that of his actual guilt or innocence of the acts complained of. Such that, in case of a guilty verdict, imprisonment and/or any other appropriate penalty will be meted out on Hiroshi.

e contention that I am only after the power and control over bayside is clearly more apparent than real. Such contention is obviously nothing more than a ploy to sidetrack this Honorable Office’s focus over his despicable acts.

17. Second, respondent Hiroshi honey-coated his legal offenses by portraying that we had been good friends prior to the happening of the incidents complained of.

Respondent Hiroshi never bothered to substantially refute the charges that he ordered Genki and Hiroto to threaten me with death on two (2) occasions and that he also, on his own, threaten to murder me, my son, and family if I would not go back to Japan; he instead wasted his moment and dared to hear his own horn by depicting himself as a true and caring friend.

True, respondent Hiroshi initially appeared to be a trustworthy friend. At some point, I considered him as one but only to regret it afterwards when I discovered the true colors of the great pretender that he was. He was a wolf in a sheep’s clothing who cunningly cuddled my emotions, and when the opportune moment came for him, he betrayed me; and I never saw that coming. Hiroshi presented himself as someone you could trust and he was remarkably effective at that. I was too naive to notice early that he was into something, that he was already then sabotaging and wanting to eventually take over the management of Bayside English.

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18. It is to be noted, however, that this supposed friendship that respondent Hiroshi portrayed, existed before the fact. e claimed friendship prior to his commission of the three (3) counts of Grave reats with Condition, is irrelevant and immaterial for purposes of the instant criminal complaint against him. e fact of friendship does not negate the truth that respondent Hiroshi threatened me with death three (3) times. It was precisely that very friendship that bridged him to perpetrate these odious acts against me.

19. Truth be told, when respondent Hiroshi eventually took over the management of Bayside English, he realized that I was still the one who was recognized by the bank as the authorized signatory of the school’s checking account, and that he could not make use of Bayside English’s funds without my signature. He was aching for my signature because he wanted to have the absolute power to withdraw from the account of Bayside English. Driven by his greed, he threatened me with death, and that of my son and family, just to get what he wanted.

Respondent Hiroshi inflicted so much fear upon me by ordering Genki and Hiroto to barge into my house twice and therein threaten me with death, and that of my son and family if I would not sign the checks they brought with them, so as to helplessly reduce me into his marionette. I succumbed to his terror, and I eventually signed the checks. But that was not enough for him, on or about 08 February 2017, with the same brand of terror, he, again, threatened me with death, and that of my son and family, should I not go back to Japan immediately.

20. ird, respondent Hiroshi rather paints a picture of himself as a “famous teacher”, a good man, an individual with so much concern for the students, among others. He is the opposite. He is a congenital liar who hides behind his good image if only to dissuade this Honorable Office or anyone from thinking that he was not capable of doing the crimes he had committed.

Among others, he lied through his teeth when he falsely made it appear that he was concerned about the welfare of the Korean children at Bayside English when he was not. A Skype conversation that we had shows a glimpse of his true character; at that time we had 59 students (almost students are Korean children) in Bayside English Cebu. ese were our exchanges on 23 January 2017 from 13:29 to 14:05:

“Hirokun (Hiroshi) to Ayako: I don’t need Korean. (13:29)

Just do it (kick out Korean kids) Korean Stop (Exile the Korean students)

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How many times will you make me say the same thing?
You should answer for it.
If Koreans do not come, they will not die
Please say to Korean that do not come because they may die. Korean Stop

Can’t you understand!!
Idiot
By the way construction is not proceeding What are you doing

Ayako to Hirokun (Hiroshi):

I don’t have money for operating funds (if the fund to use for construction)

Hirokun (Hiroshi) to Ayako:

That is your only job (paying construction fee) Idiot
Are you killing me?
What are you saying.

What is the nurse
You are a murderer
You kill (Korean children)
Sleep at construction site
Everyone die (Korean children)
Idiot
You are not listening my order?
all right
good bye
I will ruin the future of your son and your Parents

Ayako to Hirokun (Hiroshi):

I am talking about the life of the students ( Korean students) . I cannot abandon my students.”

ese were our actual messages:

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Ironically, this was the conversation that I had with respondent Hiroshi , the supposed “famous teacher” and the merciful man.

21. As of 23 January 2017, we still had about thirty (30) Korean children and mothers. I told respondent Hiroshi that we had to take care of them, but he did not want to. He wanted me to tell them that they could not go back to their country. “ ey’ll all die” according to him. Of course, I did not listen to him because those students were still under my responsibility as the owner at the time of their enrollment.

22. Furthermore, he tampered the meaning of the messages which I had against him. While respondent Hiroshi impliedly admitted of having sent the subject messages, he totally altered the import of our messages just to escape from criminal liability. Among others, he stated in Annex “T” of his Counter- Affidavit dated 23 July 2017 the following:

“Hiroshi: Ayako:

Hiroshi;

Did you buy ticket?

Transfer is necessary, how can I pay Korean payment?

It’s Ok. No need. If you won’t go back tomorrow (to Japan), you will never go back (because she may die).

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Ayako: Why no need?
Hiroshi: No need to explain (because it’s apparent from

your health condition)
And please pass the Korean money to Genki.”

e actual and unaltered interpretation of the messages that we had, however, is this:

On 08 February 2017, from 14:19 onwards:

Hiro Bayside (Hiroshi) to Ayako:

“Did you get your air ticket (for going back to Japan)”
“If you do not go back (to Japan )tomorrow, you cannot see

Japan forever”
“Please pass your Korean money to GENKI.”

is is the screenshot of the pertinent messages that we had:

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23. e phrases enclosed in parentheses “because she may die” and “because it’s apparent from your health condition” are not found in the actual exchanges. Respondent Hiroshi inserted the same. It is but his futile attempt to take the meaning out of context, and sweeten, his threatening remarks.

He just could not stop lying. Presenting these misleading interpretations through his defective Counter-Affidavit does not only insult the intelligence of this Honorable Office but likewise unduly assumes that it has none.

24. Moreover, respondent Hiroshi likewise falsely claimed in his defective Counter-Affidavit that, I quoted that the first conversation between us happened on 20 January 2017. Never did I say anything to that effect.

He categorically declared in his defective Counter-Affidavit “In her affidavit, she quoted that the first conversation between us happened on January 20, 2017. ere were actually conversations between us that occurred prior to this date.”4. But as my Complaint-Affidavit would aptly show, nowhere in its nook and cranny did I ever state that our first conversation transpired on 20 January 2017.

is is a patent display of his shenanigans. is is respondent Hiroshi making up false stories caught on paper.

25. As for respondents Genki and Hiroto, they never really had anything for an answer apart from denials, alibis, and self-serving statements.

26. First, respondents Genki and Hiroto vehemently deny the fact that they threatened me with death, and that of my son and family in my house on or about 21 January 2017. On top of their denial, respondents Genki and Hiroto cling to the alibi that they were instead at Min Tai Spa in Mabolo, Cebu City.

In People v. Peteluna5, no less than the Highest Tribunal of the land decreed that alibi and denial are frowned upon by the courts as they are deemed as weak defenses; here is how the Supreme Court’s wisdom turned into illuminating words:

“It is well-entrenched that alibi and denial are inherently weak

and have always been viewed with disfavor by the courts due to the facility with which they can be concocted. They

4 Counter-Affidavit of Hiroshi Yamanaka dated 23 July 2018, Answer No. 11, page 5. 5 G.R. No. 187048, 23 January 2013.

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warrant the least credibility or none at all and cannot prevail

over the positive identification of the appellant by the prosecution witnesses.” (emphasis supplied)

In these cases, respondent Genki and Hiroto’s defenses of denial and alibi are not only intrinsically weak but, worse, they are entirely uncorroborated. Such that, respondents Genki and Hiroto could not even establish the alibi itself. While they claim to be at Min Tai Spa in Mabolo, Cebu City in the afternoon of 21 January 2017, they only have their word for it.

e utter lack in corroborative evidence that could support the defense of alibi, is nevertheless a tell-tale sign of fraud and fabrication. is is precisely what the courts of law strongly view with disfavor. As between their shopworn and my and my witnesses’ positive identification and affirmative statements, the latter necessarily deserves more faith and credence.

27. In the same vein, respondents Genki and Hiroto’s alibi cannot stand against the positive identification that I and my witnesses made. We all voluntarily declared under oath before the Honorable City Prosecutor of Lapu- Lapu City, and clearly and specifically identified them as the culprits and direct participants of the crimes committed against me. ey were positively identified to be the two (2) Japanese male individuals who forced me to sign numerous blank checks and expressed to kill me, my son and family, if would not obey them, on two (2) separate instances.

28. Second, while respondents Genki and Hiroto admit that they went to my residence sometime in the afternoon of 05 February 2017, they again openly and falsely deny committing any crime.

29. Respondents Genki and Hiroto’s denial does not lie against the positive identification that I, Benjamin L. Lobinco, and Jhan Kyle L. Bulado made. e witnesses saw them, and could speak as to how they threatened and abuse me, until I gave in.

Benjamin L. Lobinco, and Jhan Kyle L. Bulado illustrated in their Joint Judicial Affidavit dated 03 July 2018 what they witnessed, these were their exact responses to the open-ended queries:

“Q5: When did this happen?

A5: It happened in the afternoon of 05 February 2017.

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Q6: Where did this happen?

A6: It occurred inside the residence of Ms. Ayako at Block 11, Lot Nos. five (5) and seven (7), Pacific Villa, Santan St., Lapu- Lapu City, Cebu. The incident transpired at the second floor of the said house.

Q7: Whywereyouabletoknowofsuchincident?

A7: We were there present at the time of the incident and we saw, heard, and observed what Genki and Hiroto did to Ms. Ayako.

Q8: WhywereyouthereattheresidenceofMs.Ayakoatthe time of incident?

A8: We went back to Ms. Ayako’s residence at more or less one-thirty (1:30) in the afternoon after buying some groceries. As Ms. Ayako’s personal driver, I (Benjamin L. Lobingco) was there to wait for any orders from her while I (John Kyle L. Bulado) was just there to stay and supposedly rest for a while as I was then living there, as a working student.

Q9: Would you be kind enough to tell us what exactly happened?

A9: There were two (2) Japanese men who harassed, shouted, intimidated and threatened Ms. Ayako in her own residence. They spoke and shouted in the Japanese language. I (Benjamin L. Lobingco) knew them to be Genki and Hiroto, and I immediately told John Kyle L. Bulado (“Jhon Kyle”) about their respective identities.

Q10: What else did you observe?

A10: Ms. Ayako was then sitting on a couch near the center table while those two (2) men slammed the said table hard several times in front of Ms. Ayako. Genki and Hiroto wanted Ms. Ayako to sign some bank checks.

Q11: How did you know that Genki and Hiroto wanted to have those bank checks signed by Ms. Ayako?
A11: Genki and Hiroto’s actions were so telling

that they wanted Ms. Ayako to sign those checks placed on the center table fronting her. Along with their yelling, Genki and Hiroto took turns in pointing to the pile of

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checks placed on the center table with a pen on top of it.”6

It is now beyond cavil that Benjamin L. Lobinco, and Jhan Kyle L. Bulado saw and identified respondents Genki and Hiroto as they were threatening me with death, and that of my son and family. Respondents Genki and Hiroto were there at my residence and they terrified me with death.

30. ird, as respondents Genki and Hiroto could not effectively hide from their denial and alibi, they instead banked on some messages that we had prior to the incident on 05 February 2017 at around one o’clock (1:00) in the afternoon.

Without, however, necessarily admitting the accuracy of the translation given by respondents Genki and Hiroto, I actually had some exchanges of electronic messages with Genki. With the ealier threats against my life, and that of my children and family, by respondents Genki and Hiroto, I decided to appear to them as normal as possible. I was enslaved by my own fear and much concern for the welfare of my family and of my own; I became docile to them. I was so afraid and helpless that I could not afford to be stubborn, so as to avoid triggering them into lodging a repeat of the traumatic experiences that I had. And yes, we had some exchange of electronic messages.

To set the records straight, never did I request Genki to bring a “check book” and have it all signed. I was reluctantly considering to sign just a few checks and personally fill out the amount thereof. ough I was then trying to protect my investments in Bayside English, and though afraid and helpless as I was, I could not also turn my back against the existing students of Bayside English. If I would not sign a check which could be used barely enough for Bayside English’s immediate administration expenses, the operations would stop and the students’ interests would be put in a certain peril. I was then willing to sign and fill out the specific amounts of only a few checks so that Bayside English would have something to use for its operations. Indeed, I was then caught between a rock and a hard fence, so to speak.

Just when I thought that respondents Genki and Hiroto would peacefully have just a few checks be signed by me, this is what happened: with very loud voices, they were shouting from the road fronting the house until they finally came inside, summoning me to go downstairs where they were at, as they did not find me anywhere on the ground floor. Genki exclaimed “Show

6 Joint Judicial Affidavit of Benjamin L. Lobinco, and Jhan Kyle L. Bulado dated 03 July 2018, p. 2-3.

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up, Ayako! is is your day!” and Hiroto added “My knife will be painless, Ayako. Get down here you stupid woman! Now!”, among other related and similar remarks. en, respondent Genki and Hiroto wanted me to sign an entire book of checks instead. is is not what I was expecting at all. To my mind, I should not be signing the book of checks as respondents would surely have the absolute power of bank withdrawal and thus allow them to squander my own money at will.

I refused to sign, so they threatened the life out of me, and that of my son and family, until I gave in. It was against my will but I thought it was a little better than the alternative of death.

31. To the contrary, respondents Genki and Hiroto have it in their defective Joint Counter-Affidavit “We did not make any threat against her when she finally decided to sign the check after tiring us out with her indecisiveness. She signed it because in the first place, it was her who asked me (Genki) to bring the checks to her so that she can sign it”7.

32. e situation foisted by respondents Genki and Hiroto beggars logic and corrodes human experience.

My investments were left in the corporate fund of Bayside English. ere was no reason for me to initiate the signing of a book of checks, for why would I sign an entire book of checks when I knew that it would only vest into the respondents the unbridled authority to extract my personal investments in the company. Signing of a book of checks is tantamount to, me, personally handing at least Twenty-eight Million ree Hundred Eighty-two ousand

Nine Hundred Six Pesos (₱28,382,906.00) directly into the hands of respondents Genki and Hiroto.

33. Respondents are now taking issue on the fact that this complaint was filed more than a year after the subject criminal incidents. ey render this as one of the indicia of fraud and fabrication. is contention is not only skewed but misplaced.

34. e case of People v. Rafales8 may be significant to consider, the Supreme Court held that delay in the disclosure of a crime is not always an indication of prevarication. ough the case referred to pertained to Rape, the doctrine undeniably applies squarely in the present cases; the Supreme Court had spoken in this wise:

7 Joint Counter-Affidavit of Matsui Genki and Tsuchichara Hiroto dated 20 July 2018, p. 7. 8 G.R. No. 133477, 21 January 2000.

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“BENJAMIN assails ROCHELLE’s failure to immediately disclose her alleged sexual molestations as a possible telltale mark of falsity or fabrication. But delay in the disclosure of a crime is not always an indication of prevarication. In rape cases, young girls usually conceal for sometime their ordeals due to the threats made by their assailants. In this case, ROCHELLE dared not tell anyone her ordeal because she actually feared BENJAMIN who threatened to kill her and her parents should she reveal his misdeed. Further, ROCHELLE had for quite sometime been deprived of the counsel of parents or other adults. She ran away from home, and explained this behavior as a consequence of her frequent quarrels and misunderstanding. with her siblings. It was only during her stay at the orphanage when Vicky confronted her [ROCHELLE] with tales of a child-rape victim. ROCHELLE confessed to Vicky that she was the child-race victim alluded to by her playmates Marissa, Gemma and the sisters of BENJAMIN. She revealed the details of the sexual violations quite hesitantly for she still feared BENJAMIN and his threats to kill her. These circumstances perforce satisfactorily explained and justified the two (2)-year delay in the disclosure of the crime. Besides, the prescriptive period for the filing of a rape charge is twenty years.” (emphasis supplied)

35. A slight delay in the filing of the case is even more consistent with the fear concomitant to the threats of murder that respondents subjected me with. It is rather a badge of truth and part of the natural course of things.

36. It cannot be overemphasized that I filed the criminal complaint for multiple counts of Grave reats with Condition well within the prescriptive period of twenty (20) years. In light of the prescriptive period within which to initiate this criminal complaint, it may be even considered that I filed it early on time.

Besides, I needed around a year to regain my composure, summon all my courage, and then seek for justice. As I was in a stressful situation when respondents had been threatening me with murder, I had a flight response. I was so down and worried of being murdered, or my family, that I followed respondent Hiroshi’s advice to fly back to Japan.

As time passed by, I slowly recovered from the trauma that I had in the hands of the respondents. I gathered evidence, recalled what happened, and

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sought for legal advice. And so, I eventually decided to take the matter to this Honorable Office.

37. Respondents likewise projected the illusion that my own mental well-being betrayed me and that I was only delusional in perceiving that respondents indeed threatened to murder me, my son, and my family should I not sign the blank checks (conspiracy among the respondents) or should I not leave for Japan immediately (respondent Hiroshi’s own act). But respondents could not introduce any evidence to support their theory. ey could not simply put proof to where their mouth is.

Among others, respondent Hiroshi linked the bronchial asthma that I had with my ability to perceive. Yes, I had asthma but my mental faculties were intact— bronchial asthma, in medical science, is not a psychiatric condition but only a physical reaction to a stimulus. e respondents’ hypothesis is a ridiculous fallacy known in logic as non sequitor (the conclusion does not follow the stated premise), as if having bronchial asthma would necessarily undermine one’s mental stability. ere is simply no cause-and-effect correlation between the illness and the purported symptoms.

In contrast, I still vividly recall what I perceived, that is, how respondents threatened to get the life out of me, and that of my son and family.

38. It is noteworthy that while respondents are now intriguing on my state of mind when the incidents took place, I have numerous witnesses who would corroborate my own perception, and who all personally appeared and voluntarily executed their affidavits before the Office of the Honorable City Prosecutor of Lapu-Lapu City. If there is one or more parties to this case who is/are delusional, it cannot be me and my witnesses who swore in front of the authority as to the truth of our declarations.

39. I am executing this Reply-Affidavit to attest to the truth of the foregoing facts and in support of my request for the filing of the necessary Information or Informations against HIROSHI YAMANAKA, MATSUI GENKI, and TSUCHICHARA HIROTO.

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IN WITNESS WHEREOF, I have hereunto affixed my signature, this 17th day of August 2018 in Lapu-Lapu City, Philippines, with full understanding of the contents of the foregoing Reply-Affidavit, as the same was read, translated, and explained to me.

AYAKO SASAKI

Affiant

SUBSCRIBED AND SWORN to before me, this 17th August 2018, in Cebu City, Philippines, by Ayako Sasaki, who is personally known to me and is the same person who personally signed before me the foregoing affidavit.

OPEN TRIAL:GRAVE THREATS No.3

Answer of Ayako for Hiro’s counter Affidavit

(Legal documents will follow soon)

This is the answer of Counter Affidavit to Hiro: July 26, 2018
Important Points of Hiroshi’s Reply last July 26, 2018. He did not mention any but instead he made another story just to cover himself.
1. Hiroshi Yamanaka’s reply is emphasizing that he is not liable for any criminal charges and my complaints are baseless and false accusations. For some points he (Hiroshi) did not reply but instead he makes another story;

My complaints are about for the intimidation that took place around January 17, 2017 and February 5, 2017. He attached in his counter affidavit, a skype conversation that are completely unrelated to the previous conversation for my complaints.

2. Hiroshi denied the allegations that he was the mastermind nor he gave instructions to Genki Matsui and Hiroto Tsuchihara about the incident happen of my residential place. He was implying in his statement that he is not liable for any damages done by Genki and Hiroto. A clear manifestation that he is covering his own self just to protect his image.

In addition, Hiroshi did not explain about my personal money in Philippine peso Php 28,382,906 he got by his instruction to Hiroto Tsuchihara and Genki Matsui in forcing and threatened me in order for me to sign the booklets of blank checks specifically BPI and BDO Accounts.

3. About the debt he mentioned, it is very impossible for a person to lend money to another person without any legal documentation or acknowledgment receipt with it’s signature attached upon receiving the money, especially if it involves a huge amount of money. In my case Hiroshi’s statement that I have lent money from him is not true. However, Hiroshi invested an amount of 50million yen to Bayside English Cebu for the mortgages contract of the landowner Aida Banez (Punta Engano Branch) and the money was partially returned through bank deposits to the account of Hiroshi dated October 7, 2015 and May 16, 2016 with the amount of 30million yen and 5M yen respectively.(ANNEX”A”)

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4. He (Hiroshi) is implying that I have a physical, mental difference, and not in a sound mind in managing Bayside English Cebu. This is a baseless accusations and not true. I am the CEO of the school for a long time both Agus and Punta-Engano Branch. I managed it without any problems with regards the permits. All of which are legal documents (Business Permits, Tesda Accreditation, BIR and SEC). No DOLE cases filed against me or to my employees because I have manage and complied all the salary requirements and benefits and the management itself.

5. The Annex Translation is different from what is the exact word translated by the translator. There is no evidence that the translator he got is certified licensed. (Tsuyako Sasaki Hangalay).

There is no Japanese translator license or certificate in the Philippines. There is neither an accreditation agency nor a certification number in the certificate of the person on Hiroshi’s counter Affidavit whose fair is a certified person. Also she translated many lie.
As an example:
Annex T of Couter affidavit of Hiroshi, there is no sentence (Because she may die)(because it’s apparent from your health).

ANNEX V: (to take care of your son) etc… I will prove it with Japanese translation of Mr. Ryo Suzuki who has been translating the official documents of the Japanese Consulate for many years.

Even if you are not a translator, the lies of these translations will be understood by anyone who can understand Japanese. Hiro’s thought that prosecutors and judges will not understand Japanese that he is attaching. A translation of a lie is a blasphemy against the court.
ANNEX ” B”

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6. It took a long time for me to decide to file a case against Hiroshi. For the past months, I have to think a thousand times to consider the security of my son and my parents as well. They are only my treasure. I did not even think to report it to the police/authorities at that time because of my fear, in result of their harassments to me. I decided to go back to Japan as their piece of advice and for my self-security. After all, their threat to kill me and my family. However, I went back to the Philippines again in April 2017. This time I would like to seek justice for what happen to me. I have submitted a barangay report (attachment1). Also, I submitted police report in Japan Osaka Police and Nara Police. (on the way to be ordered)

 

Answer of Ayako for Genki and Hiroto’s counter Affidavit

(Legal documents will follow soon)

Important Points of Genki and Hiroto’s Reply last July 26, 2018. He did not mention any but instead he made another story just to cover themselves, the same of Hiro .

 

  1. Genki and Hiroto’s reply is emphasizing that he is not liable for any criminal charges and my complaints are baseless and false accusations. For some points, they did not reply but instead they made another story;
  2. Genki was not a COO of Bayside English Cebu, Inc. and he is not a management team either. He is just one of the Japanese staff of BAYSIDE ENGLISH CEBU. The company was run by Filipinos and Ayako.  Genki and Hiroto are neither management team nor shareholders just one of the Japanese staffs. Also, the new school in Córdova has nothing to do or not related to BAYSIDE ENGLISH CEBU.

BAYSIDE GLOBAL SCHOOL, INC. was a new corporate company owned by a Filipino and I located at Gabi, Cordova, Cebu.  It is not related or nothing to do with BAYSIDE ENGLISH CEBU.  BAYSIDE GLOBAL SCHOOL will caters for the Basic Education for the residents of Cordova and for the neighboring town. ( Attached A 1:SEC of BAYSIDE GLOBAL, INC. , A2: Phote)

SEC-Cert. of Incorporation (1)スクリーンショット 2018-08-09 21.52.45スクリーンショット 2018-08-09 21.52.56

3.Genki and Hiroshi are implying that I have physical, mental difference, and not in a sound mind in managing Bayside English Cebu, Inc. the same of Hiro. These are baseless accusations and not true. I am the CEO of the school for a long time both Agus and Punta-Engano Branch. I managed it without any problems with regards to permits.  All of which were legal documents (Business Permits, Tesda Accreditation, BIR and SEC). No DOLE cases filed against me or to my employees because I have managed and complied all the salary requirements and benefits and the management itself.

However, from Nov 2016, certainly my spirit was weak. The reason for this was that the company was hijacked by Genki and Hiroto as per instruction of Hiroshi Yamanaka.  And I was threatened by them repeatedly. After the said date, January 17, 2017, the company’s management right was transferred to Hiroshi Yamanaka (Attachment B Management Agreement Transfer Agreement)

A-1-①jpegA-1-②

Prior to that, the company was controlled by Hiroshi, Genki and Hiroto. Proof from SNS conversation contents with them before January 17 (Attachment C1: SNS massage C2: record Accountant and HR staffs of Bayside English Cebu, Inc. at that time) They insist that Hiroshi is the new owner of Bayside English Cebu, Inc. on January 11, 2017.  However, before the contract signing, the company (Bayside English Cebu, Inc.) had already been in control by Hiroshi Yamanaka with Genki Matsui and Hiroto Tsuchihara.

Attached the conversation:

GENKI’s mobile message to Ayako’s mobile phone.

GENKI to Ayako : 2016/12/30 11:30 If you order to stop Market, I will tell Mr    Hiro(HIROSHI YAMANAKA) to stop helping Bayside. I am also go back (to Japan) asap. Ayako to Genki Please hold a meeting based on both lawyers ( ayako and Hiro’s Lawyer) for MOA ( contract)

 

SKYPE (Conversation of Ayako and Genki) Dec’11’2016 Genki to Ayako: I will temporarily transfer money from in the Japanese account (BAYSIDE ENGLISH CEBU Account) to the account of DAREDEMO HERO. 1. SKYPE (Conversation of Ayako and Genki) Dec11’2016 1.

Ayako to Genki : 2016/12/11 8;38 If you use management funds for construction costs you will lose the administration fee for the students. Please ask Hiro(HIROSHI YAMANAKA) to fund .

 

GENKI: 2016/12/11 8:39 I am going to withdraw funds from in Japan bank ( BAYSIDE ENGLISH CEBU JAPAN ACCOUNT) and then put it in DAREDEMO HERO ‘s Account temporarily.(DAREDEMO HERO : Company of HIROSHI YAMANAKA)

 

SKYPE (Conversation of Ayako and Genki) Jan’9’2017

Genki; 2017/1/9 10:20 Ms,Ayako, this is the new (BAYSIDE ENGLISH CEBU New Japan account) account information. Please move the balance from current Mitsubishi Sumitomo UFJ to the following account. BANK NAME: RAKUTEN BANK Branch: Dai 2 eigyosyo Branch no.:252 Account Number 7397017

Account Name: WORLD TROTTER ( Bayside English Cebu,INC) 6. Conversation with Hiro(HIROSHI YAMANAKA)

 

SKYPE : Jan5’2017

Ayako Sasaki to Hiroshi Yamanaka : 2017/1/5 9:16:42 We (BAYSIDE ENGLISH CEBU) have 59 (Korean) children. If GENKI quits(going back to Japan) suddenly, the lives of (Korean)children will be dangerous. Please help for the safety of children. Ayako Sasaki : 2017/1/5 9:16:42 HIRO, Please do not give distress mind more then this. The company’s(BAYSIDE ENGLISH CEBU) money cannot be used for construction.

Hirokun (HIROSHI YAMANAKA) to Ayako 2017/1/5 9:53 Noisy! I will stop it if you disturb me. Conversation with Hiro(HIROSHI YAMANAKA)

 

  1. Bayside English Cebu, Inc. was not bankrupt. These remarks are due to Hiroshi’s intimidation and brainwashing unto them, who made a bigger offer to them and thought that they have more future in Hiroshi’s management. They asked for a submission of Bayside English Cebu, Inc. cash flow for four (4) months from November 2016 to February 2017, namely:

 

①BPI BANK PHP Account –Gaisano Grand Mall Br. Current Acct. # 009171-0026-29 (Account used for payment issuance for expenses)

②BPI BANK Dollar Account – Gaisano Grand Mall Br. Account No. 009174-0080-32 (Account used for payment deposits coming from students other than Japanese students (Arabic, Russian, Korean, Taiwanese, Chinese etc.)

③BPI BANK Yen Account – MEPZ 2 Pueblo Verde Br. Account No. 001374-0210-24(Account used for remittance account from Japan) 001374-0210-24

④BDO BANK – MEPZ 2 Pueblo Verde Br. Account No. 006120206174(Company’s funds savings account

⑤BAYSIDE ENGLISH CEBU JAPAN ACCOUNT ( 2012-2017 Feb1) MITSUBISHI TOKYO UFJ BANK Account No.0105434-6 Branch No 239

⑥New BAYSIDE ENGLISH CEBU JAPAN ACCOUNT :Account Name : world toretter (BAYSIDE ENGLISH CEBU)Bank Name :RAKUTEN BANK Account No : 739717Branch : DAI 2 EIGYOU SHITEN

Those are the bank accounts details of their looted funds included my personal funds.  I returned to Japan on February 9, 2017 with their intimidation.  I can proved that even if I was not in the Philippines, they can still managed to issue the checks under my signature. (Checks that supposedly not under my signature because I was forced to sign the blank checks under their threatened when I was still in the Philippines)

I would like to ask for certified record from the banks (mentioned above) like the bank statements for the period of November 1, 2016 until March 1, 2017.  These will show the transactions occurring those accounts.

I advised them to get into my house if ever they need my signature for the expenses of Bayside English Cebu, Inc.  As a CEO I have the rights also to instruct them on how to get in touch to me specifically for Genki and Hiroto because they have my 100% trust unto them as my Japanese staff and especially because they are also a Japanese like me. I did not know that they have also a bad intentioned as they said that they are just following the instructions of Hiroshi Yamanaka.  They threatened the life of my son and my family in order for them to get what they wanted to me.

Based on their counter affidavit stating that on 21st of January 2017 was a lie.

It stated in their counter affidavit that the witnesses claimed to have testified was a lie.  They emphasized that they are mentioning a specific date, which is 21 January 2017.

They are only making a different interpretation.  It stated in Ayako’s Affidavit Q-19 “SOMETIME AROUND IN THE AFTERNOON OF JANUARY 21” it means January 21 is not the specific date. (Please see attached of Ayako’s Affidavit-Q19) Same with the JUDICIAL AFFIDAVIT of Rosario P CANILLO  and Marilyn L. Librea in Q6 and Q5 respectively, said “SOMETIME IN THE AFTERNOON OF 21 JANUARY 2017” also does not specify date. It was just happen sometimes those dates from 21 January 2017 until 5 February 2017 that they repeatedly coming to my residence to threatened my family’s life and hijacking my company’s assets.

As ROSE’s son Rafael came to my house regularly, her son will arrived in my residence after school classes as he used to play video games for I have a wi-fi connection.  Therefore, their alibis are pointless.

  1. On February 5, 2017 they are now very aggressive in threatening the life of my son and my family. And this was the reason that they already got what they wanted me to sign a company blank check in my home. And it shows in their Affidavit that they come to my house for the signing of Checks Issued but that doesn’t mean, it includes the one (1) booklet of blank checks of BPI and BDO Accounts.

 

Most of the conversation materials attached by them are those of February 3rd and 4th and are not related to intimidation on February 5th including the contents.

I admitted that there are times that I gave an instruction to Genki to come to my house whenever they need my signature especially if it’s for Bayside English Cebu, Inc. for the expenses and other important matters. I trusted them a lot especially they are Japanese like me and a lot of times I also invited them for a barbeque party, not only them but also other Filipino and Japanese staff.  But to my dismay, the people who I trusted too much are the ones who will threaten me. Not only to myself but moreover to my son and my parents.

  1. Genki’s Affidavit, on the other hand did not mention for their threats, such as threatening to kill my son any but instead he made another story. Based on their counter affidavit, they want to emphasize that I am mentally ill and that four (4) lied.
  2. It took a long time for me to decide to file a case against Hiroshi, Genki and Hiroto. For the past months, I have to think a thousand times to consider the security of my son and my parents as well. They are only my treasure. I did not even think to report it to the police at that time because of my fear, in result of their harassments to me. I decided to go back to Japan as their piece of advice and for my self-security.

However, I went back to Philippines again in April 2017 and I have submitted a barangay blotter for what had happened to me. (Attachment 1) Also, before I went back in Philippines, I submitted also a police report to Osaka police officer in Japan and Nara prefectural police in Japan. (on the way to be ordered) There was no evidence on counter affidavits of Genki and Hiroto.  Same of the counter affidavit of Hiroshi, they are only making stories and alibis.  They did not even answer my affidavit at all.  It mean that they blasphemed me and including the four witnesses who oath to the prosecutor

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