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”）
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”
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 .
- 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;
- 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)
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)
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)
- 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.
- 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.
- 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.
- 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