The issues having been Joined the resolution.

From the fact of the case, it appears to this office that the proper offense to be charge against Genki and Hiroto is Grave Coercion by compelling Ayako by mean of violence to do something against her will whether it be right or wrong.

in coercion, the threatened harm is immediate and impending in a the offender threatens to commit is in the future.

“in the case under consideration, there was an actual or imminent force or violence exerted by Genki and Hiroto upon the complainant

when they allegedly threatened to kill her by slitting her throat if she refuses to sign the check which the respondents were bringing with them at that very moment.

there are two ways of committing grave coercion:

1.By preventing another by means of violence from doing something not prohibited by law

2.By compelling another by means of violence to do something against his will whether it be right or wrong

The present case partakes of the second way of committing coercion, that is coercion by compulsion its elements are

1. That a person compelled another to do something against his will be it right or wrong

2. that the compulsion be effected by violence, either by material force or such a display of force as would produce intimidation and control the will of the offended party;

3. that the parson that restrained the will and liberty of another neither has the authority of law nor the right to do so.

The element of the crime are established by the complainant and her witness.

There is reasonable ground to believe that Genki and Hiroto in conspiracy with each other and without authority of law probably employed violence or intimidation to compel Ayako to sign the checks on two different occasions on January 21 and February 5,2017.

Thus, a basis to hold them for trial for two count of  Coercion.

while it appears that Genki and Hiroto failed to attain their objective of securing the signature of Ayako during the alleged incident on January 21 2017. they can still be held liable for consummated coercion apply the doctrine laid down by the Supreme Court in the old case of people vs. Punzalan (99 phil. 259).

“Moreover, their denial and alibi that they were on some other place during the alleged incident pales

in comparison to the positive assertions of Ayako and witnesses –  Marrelyn L. Librea and Rosario P Canillo -especially the latter of the two claims to speak and understand Nippongo.”

it is well-settled that denial and alibi are inherently weak and cannot prevail over positive identification.

As to the alleged exchange of messages between Genki and Ayako Presented by respondents to show

that is was Ayako who asked them to come over to her house on Febraury 5,2017,

this office finds that the messages failed to controvert the allegations of the complainant that they compelled her to sign the check by means of violence or intimidation. “

the alleged exchange of 2017. Nonetheless, granting that the messages relate to the incident on February 5 2017 which is the subject of the complaint, the messages refer to the conversation between Ayako and Genki immediately prior to the incident when the alleged coercion took place and not on the actual incident itself.

“the alleged exchange of messages appear to have happened on Febraualy 2018 and not on February2017.

Nonetheless, granting that the messages relate to the incident on February 5 2017 which is the subject of the complaint, the messages refer to the conversation between Ayako and Genki immediately prior to the incident when the alleged coercion took place and not on the actual incident itself.

This office also will not take against the complainant her failure to report the incidents to the police authorities.  it is settled in jurisprudence that a delay or vacillation in the reporting of a crime is not an indication of prevarication and will not necessarily impair the credibility of the testimony of a prosecution witness.

As to the allegation of the complainant that Hiroshi was the mastermind behind the crimes committed by Genki and Hiroto,  this office find that such allegation is not well supported by the evidence.

The complainant merely drew that conclusion from the  utterances by Genki and Hiroto during those times that they compelled her to sign the checks. However, this borders on hearsay evidence which is inadmissible as evidence in court during trial.

Notwithstanding the conflicting versions of Ayako Sasaki and Hiroshi Yamanaka about their exchange of on-line messages,

this Office find reasonable ground to believe that Hiroshi Yamanaka probably threatened to kill Ayako – a threat amounting to the crime of Homicide.

The threat to kill was made subject to condition that Ayako return to Japan. This can be discerned from Horoshi’s message to Ayako on January 20,1017.

Other that the bare allegation of Ayako,

however is no evidence that Hiroshi has attained his purpose of scaring Ayako back to Japan.

in fact, it is apparent from Ayako’s complain that she is still residing in Lapu-Lapu City, Philippines.

Thus, there is prima facie evidence to indict Hiroshi for Grave Threats under the first paragraph of Article 282 of the Revised Penal Code.

Any person who shall threatens another with the infliction upon, honor or property of the latter or of his family of any wrong amounting to a crime shall be guilty of Grave Threats.

The crime which is penalized by reclusion temporal.

Since Hiroshi failed to attain his purpose,  the penalty lower by two degrees from reclusion temporal-  prision  correccional – shall be imposed.

Nonetheless ,the threat to kill made with the use of  informantion and communication technology which makes the crime covers within the ambit of Republic Act No.10175 otherwise known as the ” Cybercrime prevention Act of Revised penal Code and Special Lows, if committed by, through and with the use of information and communication technologies are considered cybercrime offenses.

As such, the threat probably committed by Hiroshi, shall be penalized by one degree higher that provided by the Revised Penal Code. Hence, in this particular case, the penalty imposable shall be raised to prison mayor.

It must be considered, however, that a finding of probable cause is not a pronouncement of guilt but merely binds over the respondents to trial.

The findings of this office are merely limited on the probability, and not on the certainty, that Genki and Hiroto coerced Ayako to sign the checks on two separate occasions on January 21 2017 and February 5 2017 and that Hiroshi threatened to kill Ayako with the use of information and communication technology on January 20 2017

wherefore, finding the existence of a probable cause, it is recommended that Genki and Hiroto be charged in count for two counts of GRAVE COERCION in conspiracy with each other.

it is further recommended that Hiroshi be charged in court for GRAVE THREATS under paragraph of Article 282 of the Revised Penal Code in relation to RA 10175 otherwise known as the” Cybercrime Prevention Act of 2012″.




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3. Answer of Ayako for Hiro’s counter Affidavit (Public ligal  documents will follow soon)

4. REPLY-AFFIDAVIT OF AYAKO SASAKI (Public legal documents)





Complainant, – versus –



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

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



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:


“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.


(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.


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.


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.


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)


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!!
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)
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:



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:


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).


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:


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.


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.


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


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.


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.


“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


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.


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.



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.


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.

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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)


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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IN MY MIND : How much awesome Philippines and Filipinos


In just three months, all my effort had totally lost; my company management rights, company and personal assets and fund.

This incident caused mental stress not only to me and my family but also to the Filipino employees who suffered from illegal lay off, illegal wages and abusive labor by HIROSHI, GENKI AND HIROTO.

All of these things had happened due to YAMANAKA’S great ability of brainwashing people’s mind.

His words were so powerful for Japanese that the people who listened to him could be moved.

However, I strongly believed that not all people can be easily brainwashed because they had their own principles in life.

I have known at least 2 Japanese people who didn’t get brainwashed by Hiroshi Yamanaka.

One of them was the manager when I started to open BAYSIDE RPC Campus and the other one was the manager in PREMIUM Campus. They have eyes to see true justice. They who have eyes to see justice were terminated by HIROSHI YAMANAKA.

Only those with an evil heart are brainwashed and are conspired to commit crime by HIROSHI YAMANAKA like GENKI and HIROTO.

Hiroshi Yamanaka is appreciated by many Japanese people and loved by the media in Japan.

They received enormous amount of money from celebrities and investors, but I could say that they won’t become successful because of deception.

I was once deceived by him and I didn’t want this thing to happen to other people as well.

The money they talked about is neither their money nor the income of the company. It was my personal fund and investments. They didn’t know how I struggled myself just to make it a well-established school. However, I need to move on because I knew that I still have the chance to regain what I lost.

Further information of these two conspirators, GENKI MATSUI has a master degree in IT robotic engineering but he doesn’t have any practical experience. Perhaps in the Japanese society this can be elite, and HIROTO TSUCHIHARA, did some welfare work for disabled people.

No doubts that these people want to have fame and great wealth but sad to say that they achieved it in a very deceptive way. I wonder if this is a kind of distortion of the hearts of all Japanese young people? Or are they special?


God knows everything. Karma will come to them .



Some Japanese people like HIROSHI YAMANAKA looks down the people in the Philippines.

I think people should not be judged like that. Citizens of industrialized countries tend to look down the people on a still developing countries. Even in the past, discrimination happened anywhere.

In history in Japan, discrimination against Korean people was rampant, but after World War II, Korean Republic became famous.

I am currently living in the countryside of Cebu with reliable Filipino people. Based on my observations, there were many people who didn’t have anything in their house such as television, gas stove, and even electricity. However, many young people have smartphones even without a TV in their house and Wi-Fi connection was free when going to town.

Educational system in the Philippines has been changed. The students learn English at a very young age in their Kindergarten.

Another thing, Filipino people have a strong bond among each other. Young people always work hard to support their families. In short, they have lived a very simple lifestyle without seeking for great wealth and unnecessary things. However, they really know what is important for them. That is, they can get a lot of information and learn through English and the internet. And more than anything, they have a willingness to learn for sake of support their family.


These Filipino young children who really studied hard for their future and acquired the skills will soon take part in the economic society and the power will be enormous.


Currently Japan has full of things to live comfortably and conveniently. There are a lot of best infrastructures, yet they have forgotten the important things in life. “Look for oneself” has become popular in Japan.


I had established BAYSIDE ENGLISH CEBU with the help of Filipino people and it became prosperous by their great effort and perseverance. This school was loved by many students in different nationalities.

Nowadays, this school is run by sneaky Japanese. In addition, this school is going to collapse due to these people.

However it will be born again as a BAYSIDE GLOBAL SCHOOL with great Filipino People.

I lost everything I owned in the Philippines however I still love Philippines and the Filipino people.

I am looking forward to the prosperity of this country in the future.






In 2016, it was necessary to relocate BAYSIDE ENGLISH CEBU in RPC campus in the near future, so I started to look for a land and successfully we found and bought a 1.1 hectares of land in Cordova, Cebu as I mentioned.

Then we got very busy preparing all the necessary documents and applying for accreditation at the Department of Education (DepEd). This was supposed to be our second school campus.
At the same time, the construction of a 4-storey building and student’s dormitory were ongoing.

All Administration staff worked hard on it in the first half of this year 2016.

This was the time also that I entrusted GENKI MATSUI and HIROTO TSUCHIHARA the management of BAYSIDE ESL, student’s affairs, my personal data , bank accounts and even the marketing department.


In the middle of August 2016, BAYSIDE ENGLISH CEBU had a total of 300 students staying in both campuses RPC and PREMIUM Campus, but I was surprised that the reservation system changed drastically to the least.

The reservation for September was becoming just 27 people in total for both campuses.

It was an impossible situation without someone controlling the market.

The failure of the market was the time that I started to lose everything.

Now, I am convinced that this market failure was part of their big plan which is plunder.


In SEPTEMBER 2017, the total number of students was only 27 students in both campuses.

This has never happened since we opened the school.

There are at least 100 students both existing and incoming in these two campuses.

Of course there are peak and off-peak season at any language schools.

Mostly the students in summer vacation (July-August) and winter vacation (December to February ) are Koreans, Japanese, Taiwanese and Chinese. It also depends on its longevity of holidays in each country. Most of the students who enrolled in RPC campus are young and a family, so it is expected that long-term students who can stay for 3 months can add up to the number of students on peak season.

Besides the marketing department knows already that the school would be filled with many short-term students who will eventually return to their respective home country afterwards. By then, the school is quiet again. However, this tremendous fluctuation of students was unbelievable!

Everyone knows this kind of scenario even GENKI, he has been working in BAYSIDE since 2013.

 I am shocked and dissatisfied! !

However, I can’t blame them. I still feel more responsible for this as the owner and there are reasons that I can’t blame them either.

Japanese staffs are employed, but they are not allowed to stay longer. They work and receive cheaper wages locally, but their salary was five times higher than the salary of Filipinos. In addition, it was not easy to find Japanese employees to work abroad.

I should be blamed at first since I gave them my 100% trust without giving any rooms for doubts on them. I thought everything would turn well.

All of these terrible situations were planned already and all important documents were hacked by these terrible people, HIROSHI YAMANAKA and his conspirators, GENKI MATSUI AND HIROTO TSUCHIHARA.



In July –August 2016, there were still 300 students at that time and we needed to use a lot of money for utulities, rental, employees pay and other miscellaneous. In fact, the electricity bill reached to half million php/ month in peak season, the salary of all staffs are paid also in September, additional fees for the use of swimming pool as expected and lastly, the one million pesos rental fee in RPC Campus every month. It was really impossible to compensate all of the expenses with 27 students left at the end of September.

In addition, there was a bombing incident that happened in president Duterte’s hometown, Davao. The terrorists bombing in Mindanao area had prevented the students to study abroad.

It affected the market somehow. In December, BAYSIDE ENGLISH CEBU had a reservation of 30 Korean students. If the reservation is withdrawn then it  would be a big problem! So, I decided to move and transfer all students from RPC to PREMIUM CAMPUS in December at once.

In March 2017, we planned to open the new school in Cordova only the ESL school, but in March 2016, I already paid 2 million pesos to Mr. KIM, Korean owner of Regent Pacific College as the advance security deposit extension to RPC Campus. I did not tell him about the new relocation because he won’t give any refund for this deposit so, I did not pay the rent in one month. Also, I was able to get the security deposit in a month by not paying the electricity bill for August and September.

I successfully moved to PREMIUM CAMPUS on October 2, 2016 and escaped from Mr. KIM with no liabilities at all.

Aside from this, I was not totally being honest to Mr. KIM that time just to protect BAYSIDE ENGLISH CEBU.

It was my big mistake that I did not talk to Kim anything for BAYSIDE ENGLISH CEBU.

However, after losing this property and committing suicide, I called him and asked an apology and he said that he understood me. I will never forget you Mr. Kim.
Thank you so much for supporting me for a long time.

I sincerely pray for the happiness of you and your family Mr. Kim.



This is the worst thing which I did not like to happen, to lay off regular employees. I appreciated the employees because they supported me a lot when I needed them.

However, they had been informed also by the administration staff that they soon stopped because there wan’t enough students.

Of course, we have consulted our lawyer for labor code to protect BAYSIDE ENGLISH CEBU in case a protest arises. We, the management team, are fully aware that legal procedures must be done before doing the dismissal.

So, we settle to pay a sum of money as stipulated by the law to the employees who are to be dismissed. First of all, we have to calculate the years of service and their status in the company, then a notice of dismissal is prepared. It is issued two weeks before the dismissal. Then our lawyer interrupted some employees’ demands and personal affairs to avoid grudges against the owner.

I knew that some of the non-teaching regular staffs believed on me.

It was hard for them to find a job since they had not finished their studies. I felt so sorry for them. They liked BAYSIDE and they also waited for the opening of the new school. I had known that they wanted to talk to me directly.

I totally felt helpless!



BAYSIDE ENGLISH CEBU was managed by Filipino staffs and me.

The Japanese staffs are tasked to manage the marketing department and the students’ concerns.

However, these Japanese Staffs hindered and challenged the management team to lay off personnel. Laying off was necessary to protect the school’s interest.

I could not understand why HIROTO TSUCHIHARA, a student care manager, challenged the management’s decision. Then the notice of dismissal to some staffs was unsuccessful because they became ferocious.


As for the next plan, it is to transfer the rights of the Premium Campus to a reliable Japanese company.

The BAYSIDE GLOBAL SCHOOL temporarily stopped its construction in October 2016 which is almost finished. Actually, 80% of the construction is done.

Speaking of the closure of BAYSIDE ENGLISH CEBU, a meeting with the management team and the lawyer took place in my house almost every day.

That closure was kept as a secret plan due to the incoming Korean students in the winter vacation from the mid of December to February 2017. These students are already booked to study English in PREMIUM CAMPUS. I needed the presence of Filipino staffs.

Then the next plan was to close the student’s market. The student’s market and deposits of international students were controlled by the Japanese staffs, and the new system was created, introduced and managed by GENKI.I lacked knowledge about information technology so I trusted him a hundred percent with no doubts.

At that time, Japanese staffs GENKI and HIROTO both went back to Japan. At the same time, HIROSHI YAMANAKA also went back to Japan. I did not notice it at that time.


I told GENKI MATSUI about selling BAYSIDE ENGLISH CEBU PREMUM CAMPUS to a reliable Japanese company.

He said that if he had to work under them, he had to quit and return to Japan, HIROTO TSUCHIHARA as well. He asked me strongly for a meeting and for waitting the arrival of HIROSHI YAMANAKA from Japan.

All of my instructions to Japanese staffs were withdrawn by him.

I thought he really loved BAYSIDE ENGLISH CEBU, but that was a big misunderstanding!

At that time, they were already in their conspiracy plan. I realized that his heart was already filled with ambition after I lost everything.


At the same time, the lawyer told me to dismiss him because he did not follow my instructions. My loyal Filipino staffs also sent messages to me that I must be careful to GENKI and HIROTO because they called a conference without my presence.

I did not listen to them at that time because I really trusted GENKI 100%.


In February 09, 2017, I went back to Japan due to HIROSHI YAMANAKA, GENKI MATSUI AND HIROTO TSUCHIHARA. And in June 2017, I went back to the Philippines and decided to fight them back legally. My Philippine mobile phone hadn’t been paid since November 2016 and renewal of my business visa also was stopped in November 2016 by GENKI MATSUI.

I realized that they really had a plan to get rid of me.




In the middle of November 2016, my father visited my house in Mactan Island, Cebu to tell my mother’s condition. My father’s heart was broken due to that. He told me not only my mom’s condition but also his condition.

I was so desperate at that time too. Later on, I told HIROSHI YAMANAKA about my family’s condition. At that time, I could not imagine that it would be a topic of his intimidation.

Later on they threatened me of the following:

“Attack your sick mother”
“Crush the future of your parents”
“Crush the future of your son”
“kill your son”


My son Rio had known Hiro since he was four years old. Hiro was used to be his hero before but now an enemy because HIROSHI YAMANAKA (Hiro) threatened his life and future.



On December 09, 2016, GENKI MATSUI told me that HIROSHI YAMANAKA was waiting for me at a Japanese restaurant in Mactan Island, Cebu. I went there and I met HIROSHI and GENKI. Frankly, I did not trust HIROSHI because I had many experiences about him since 2013 especially embezzlement.

However I trusted only GENKI’S words.

HIROSHI YAMANAKA said while he was drinking beer that he had consulted a politician and this problem was going to be an international problem. He said that president ABE in Japan would have come to the Philippines and it would be a big deal.

They said that my family and I had nowhere to live neither in the Philippines nor in Korea. Hiroshi Yamanaka said I had no choice but to die. GENKI also supported his statements and continued talking about the management of BAYSIDE to Hiroshi Yamanaka.

He told me to put my personal funds at first in the company.

He also warned me not to talk to anyone even DOY who is my bodyguard and business partner and also a Filipino staff.

I realized later that they gave me fears first to rob my assets and they went me to keep it secret to hide their crime. The conversation did not last an hour and after this, the situation had changed drastically.

Two days after I met Hiro at a Japanese restaurant, there were many changes that had happened in the PREMIUM CAMPUS when I got inside the office.

Everything was changed such as; the setting arrangement in the office, the management team, another Japanese staff was hired without my approval and lastly, my desk was transferred from the office.

The newly hired Japanese staff was used to be a staff and used to drink always with HIROSHI in 2013.

I instructed DOY to put a small computer table in my office but GENKI oppossed and deprived me of having it.

The Filipino staffs were not able to do their tasks anymore because their tasks were already entrusted to the newly hired Japanese especially in the accounting department. And the market was reopened according to GENKI’S instructions.

There were many reservations from DAREDEMO HERO which is Study abroad agency. Spring vacation was coming, so student’s reservation to study in the Philippines were rushed.

As always GENKI refused my instructions which were not to accept student’s anymore.

There was not any legal and proper turnover of properties at that time but it seemed that GENKI already followed HIROSHI’S order.

I called Hiroshi Yamanaka to cancel what we had talked a week before. He shouted me angrily. He wanted me to explain to the investors because he had already invested money from the investors.

It was not even a week yet since we had a talk. How did it happen? How can he gather investment from investors within a week?

So, I really realized that it was their plan already.

GENKI came in when I instructed to Japanese staffs to stop accepting students. He withdrew all the instructions I had to Japanese staffs. In addition, he wanted me to ask permission from HIROSHI.

It became uncontrollable anymore. They began to dominate and control everything before me.

This happened even without the contract of management rights between HIROSHI and me.

PREMIUM CAMPUS has a mini bar along the sea. I entrusted the management of this bar to a Filipino ex-staffs and here it happened that HIROSHI, GENKI, HIROTO and the newly hired TOMO kept on drinking in that bar every night and TOMO said that I was a bad person and BAYSIDE ENGLISH CEBU went bankrupt because of AYAKO.

The company was not bankrupt. That is their lie. I will prove it later on the basis of evidence.

At that point Hiroshi Yamanaka and Japanese staffs of BAYSIDE ENGLISH CEBU were already teams to loot Bayside assets and my personal funds before having the transfer of management rights contract.



The Human Resources Manager and the accounting staffs would like to talk to me personally, but GENKI had always been observing me at that time.

He had forbidden me to talk to them because according to him I promised to HIROSHI YAMANAKA(HIRO).

I wanted to talk to them because I was very worried to them. He said that he would have contacted HIROSHI if I had broken the promise.

According to my Filipino staffs that they wanted to quit their job because GENKI already entrusted their task to the newly hired Japanese staff.

Later on, GENKI announced that Filipino staffs were dismissed as they embezzled the company’s funds.


That is a big lie.

I know all. They did not embezzle the company’s funds. They are not fired from BAYSIDE ENGLISH CEBU. However, they resigned themselves because they were very disappointed of GENKI’s management style.

I could say with confidence that they had never embezzled the company’s fund.

They had even worked during their free time. They kept on going back and forth to Cebu City just to process some documents and school approval for its construction. In such a case, all the money spent was liquidated by them. Even if they needed to eat lunch outside, it never exceeded to a hundred peso or reached to 5,000 pesos in a month including taxi fare. These conspirators did not know their efforts.


Let me talk about one of my experiences.

There was one time that 50,000 pesos expenses was missing, all of the Filipino staff didn’t go back home until they had found it. I told them not to look for it anymore but they still continued looking for it. Lastly, they had found it. I made a mistake also at that time because I issued two payee checks at one time. They really cried when I told them that I trusted them.

I had many experiences together with them in managing the company. That is why I believe and trust them.

Sadly, they were no longer working at BAYSIDE anymore.

BAYSIDE ENGLISH CEBU lost talented people by their stupid conspiracy



HIROSHI YAMANAKA’S order was to announce to all BAYSIDE Staffs that the school went bankrupt and the announcement must have come from me.

Of course, I could say that it was not bankrupt and I had evidence to prove it.

Also, HIROSHI YAMANAKA (HIRO)  and I did not have any agreement to transfer my management rights yet.

However the market was getting bigger and student’s reservation came in like every day. I could not control anymore because GENKI already deprived me the access to the school data. I had no choice but to follow them. My mind became so weak.

HIROSHI YAMANAKA with his secretary RHONA MANUBAG came in to the school. He instructed GENKI to gather the management team and the office staffs at the conference room. Of course GENKI was there too.

I was there too because I had no choice but to follow HIROSHI YAMANAKA’s order to me that was to announce to them verbally that BAYSIDE went bankrupt. My heart was desperately broken at that time.

I could really prove that it was not bankrupt!

They made a story in order to rob the company’s assets and my personal funds.


HIROSHI YAMANAKA said in his speech that I borrowed some money to him which he didn’t impose any interest because he just wanted to help BAYSIDE. He also showed his book that he was a celebrity and had a lot of money. Sometimes, he joked.

One of the staffs cried and HIRO asked why she had cried, and the Filipino staff answered that she felt pity on me. But HIRO shouted and told her that she was a victim of me too. He said repeatedly to all the staffs in there. I saw GENKI smiling at that time. I received a lot of messages on my Facebook account after I went back to my house.


All of these occurrences happened before the legal transfer of rights.

In other words, it happened in a situation where the company I owned was hijacked.


As I already expanded the market and the students reservation was increasing, it was impossible to close at that time.

Even if I did not manage this school anymore, I was still liable for all its legal responsibility. It is because the company was hijacked by them before the legal transfer of rights.

During, this period, there were two contradictory acts in me.

First was to strongly make an agreement to transfer the management to HIROSHI in order to have a thorough understanding of my responsibility becase both the company’s data and money flow have already been hijacked by them, as well as the Japanese staff were uncontrollable.

Hiroshi Yamanaka refused the management rights transition agreement created by the company’s lawyers.

Other action was to stop the marketing strongly. As he refused the  management transfer agreement, the increase in the market was dangerous.

There were existing 60 students already at that time and if the market still continues to increase, the big responsibility would only be left on me.

This could be a big trouble to my family and Rio as well.

My voice had no effect to the Japanese staffs because of their self-interest to get rid of me.


HIROSHI YAMANAKA (HIRO) did not have any contribution to this corporate fund even a single centavo.

BAYSIDE account could prove it.

The money deposited to the banks BPI and BDO were the expenditure account of BAYSIDE and as of December 2016, it was all my personal funds.

The balance of Japanese student’s tuition fees was transferred to the new account made by GENKI. I did not have any access on it.

It was said that the big amount invested was deposited to the new account under the expenditure account in the Philippines.

They stopped the cash flow and the construction of the new school was stopped by me at the end of October.

However, they resumed the construction of the new school.

The payment of the construction was from the bank check under my personal fund.

They forced me to sign a blank check, removed my desk in the office and they used my money for the construction.

I did not have any control over them.

They deprived me to access the account so, I did not know the account of BAYSIDE anymore.

We had about 60 students at that time. They were students from Japan and 30 of them were winter camp students who are from Korea. Of course it needed enough budget for their study and stay. Also, there were many repeaters. The parents of those Korean students who had a contact to me sent a message to me to take care of their children. These parents trusted me a lot since they sent their children abroad without their presence. I had a big responsibility to protect Korean children.

I repeatedly told HIROSHI and GENKI to transfer the funds, but they held it instead.

If they do not transfer to the company fund, it will be dangerous for student’s welfare especially to Korean children who were not with their parents.
But HIROSHI YAMANAKA said that he didn’t care about these Korean kids because for them it is Ayako’s job and responsibility.

He said a lot of words discriminating against Koreans. I have proofs of those messages from HIROSHI YAMANAKA.(Proof of truth based on evidenceURL


【Message of Hiroshi Yamanaka】
I don’t need Korean.
you (Ayako) !!! you must kick out koeran kids.
Korean kids are better if they die.

At that time we still had about 30 Korean children. I told him that we had to take care of them, but he didn’t want to. He wanted me to tell them that they couldn’t go back to their respective country. “They’ll all die” according to him. Of course I didn’t listen to them because those students were still my responsibility as the owner.

I had been depositing my personal funds one after another into the account already which is controlled by  GENKI and HIROSHI YAMANAKA for protecting children, especially Korean children.

The total amount of my fund that I deposited was about 30 million php(604,000$)from November 2016 until I returned to Japan on February 9, 2017.

All the evidences are on the bank account statement.

Please do not forget. All these things happened without the legal transfer of  rights yet.

On January 11, 2017, 2days after I deposited all of my personal fund, HIROSHI YAMANAKA said that he will prepare the transfer of management rights contract of  BAYSIDE ENGLISH CEBU.




On January 11, 2017, HIROSHI YAMANAKA took me to the lawyer’s office to sign the contract he prepared.

This happened two days after I deposited all my personal funds to BAYSIDE ENGLISH CEBU BANK account.

BAYSIDE school had three lawyers. However, HIROSHI YAMANAKA refused the company lawyers and used other defense offices. That defense office was a small local office because there were Filipino people waiting outside for the notarization.

Generally, when large funds from the company management transfer must be established by both sides and a contract should be based on assessment of asset value for appraisal. However, the contract prepared by the BAYSIDE lawyer was rejected by HIROSHI.

I had been to that public law office when I purchased my cars from Filipinos. I had that name of that owner and paid 1,000 pesos for its notarization. I could not tell whether that office was used for large transactions especially for transferring management rights.

It was the first time that I saw and read that contract in that law office. I did not have any chance to consult with my lawyer about its content.

There was only one thing I made up in my mind, at that time the management was hijacked by Hiro and only that legal responsibility was left to me. So, I signed the contract prepared by Hiroshi right there and then.

Actually, we waited in the line with other Filipino people to have the contract notarized. He paid 2,000 pesos to that lawyer. Finally, it was notarized in less than a minute.

In business negotiations I had always been using law offices and made negotiations fairly agreed by both sides with both lawyers in each party. I thought there was a discussion or negotiation between us by the lawyer.

I did not know whether the lawyer also looked closely to the contents of the contract. Also, I did not communicate with my lawyer at that time.

Since, I was unsure of its effectiveness. I consulted this contract to many lawyers. They were surprised because of its unfair agreement.

This is the contract signed by both parties.



HIROSHI’S control became stronger and more powerful right after I signed the contract formally.

There were two accounts of BAYSIDE, banks in Japan and in the Philippines for student’s tuition fees overseas and for student’s living, utilities, employees’ salary,  etc .were paid in the Philippines. The transactions continued to withdraw under BAYSIDE account.

GENKI created the new account in Japan before the transfer of management rights contract and the new account was published in Japan for student’s information.

The Web bank management of my BAYSIDE ENGLISH Japanese account was entrusted to GENKI since 2016, and its balance was transferred into its new account. However, the operation cost was not transferred to the account of the Philippines under its expenditure account even once. My problem was that the money in there was my personal funds and they kept holding that account.

All these can be proven through the bank account statements.

Their intimidation towards me and to my family continued.




(scheduled to be released in response to an attorney’s instructions)


7. IN MY MIND: How awesome Philippines and Filipinos

スクリーンショット 2017-11-14 17.32.21





On September 2017, I received a lot of messages from Bayside Filipino staffs expressing their sentiments and complaints against HIROSHI YAMANAKA.

According to them, the school drivers and maintenance staffs went to the Department of Labor because their salary were lowered down to the minimum wage which is mandated by the law.

In addition, the drivers had spent most of their time in the evening around Mactan area and Cebu City. And the driver had to wait them in the parking lot of a restaurant or a club, yet the overtime work was not compensated accordingly.

They wanted to file a case against them but they were hesitant. However, there were some staffs who complained to the management and was dismissed immediately.

Under the Philippine Code of Labor, immediate dismissal of an employee should follow a due process of law. Also cutting down an employee’s salary should never be the case instead increasing the pay is favorable.

And the parties concerned should follow the legal procedures in accordance with the Labor Code and any claims of both parties have to be supported with documents.

Then there is a mediator who helps both parties to reach an agreement. In a manner that such agreement is not reached then appropriate legal action is undertaken.

However, in most cases, the employer settles to pay the service rendered and other necessary benefits to a concerned employee.

When BAYSIDE ENGLISH CEBU was still under my management, together with my staffs, we started the operation legally. We secured the necessary permits for the school to operate smoothly.

In fact, we consulted and retained a lawyer to discuss us the laws in the Philippines especially on Labor Laws because we highly take into account the welfare and security of our employees.

Employees work hard for a living so, losing a job is a matter between life and death.




GENKI MATSUI, a young man and one of the traitors who wanted fame and wealth in an easy way.

The traitor, Genki and Rona who is a secretary of HIRO (HIROSHI YAMANAKA) called DOY, my secretary and my body guard as well.

They said to Doy that BAYSIDE ENGLISH CEBU had few students and asked what he wanted him to do.

Did they want him to resign by himself?

Doy answered him that Genki had the right to decide since he was said to be the CEO.

Genki also told him to tell Ayako not to attack them. Doy got angry when he heard those words from him.

For Doy there was no reason to be faithful to him because he is a devil as well.

I had been silent for a year except the message that I sent them in May 2017. I think it was not the right time for me to fight back to them.

One time, GENKI talked to Doy in a calm voice. He told him that he was tired of BAYSIDE already and that he wanted to return BAYSIDE to me. He wanted to go back Japan and look for a job.

He had thought that he could control everything like when he  successfully removed and banned me in the school, and ordered me to leave the Philippines.

Absolutely, he lacks the leadership and managerial skills.

Filipino people have the eyes to see justice so, I decided to publish all the facts in English. I loved Bayside and the people who helped and supported me to make things happened.


HIROSHI YAMANAKA, the traitor and the Hyena in BAYSIDE ENGLISH CEBU.


He referred the Filipinos as dogs and criticizes me why I run the business with the Filipino people. In particular, he emphasized that Doy who is my bodyguard is my dog.

There were many kinds of dogs in the world, some would bite their owner like GENKI, HIROTO for getting more delicious food.

If HIROSHI YAMANAKA (HIRO) calls Doy a dog, he is the real dog.

Doy has always been faithful to me as my bodyguard. He has been protecting me and BAYSIDE FAMILY since at the very beginning.


I could say that I could never be a loser dog.


HIROSHI YAMANAKA, (PLS. PREPARE YOURSELF) Now, I have the chance of winning. I am going to attack you legally and socially.


A mother who lost something became fierce especially if her children were in pitiful condition.



5.WHAT HAPPENED IN BAYSIDE ENGLISH CEBUスクリーンショット 2018-01-15 18.48.16


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