26 March 2020

The Honorable City Prosecutor

Office of the City of Prosecutor
Tagbilaran City, Bohol

Dear Sir / Ma’am:

On behalf of our client, Patrick Swayze, we are

filing a criminal complaint for Violation of Estafa with
abuse of confidence under Article 315 No. 1-B of the
Revised Penal Code or such offense/s your good office
may find appropriate, against EMMA RESTON, GRETA
RAMOS, SHAYLA MARQUEZ, and WAYNE
MILITANTE, directors of the Hayahay Beach Resort
Corporation, who can be served with summons and
notices at Doljo, Panglao, Bohol, Philippines.

The Complaint-Affidavit, together with our

evidence, is herewith attached. However, we expressly
reserve the right to present additional evidence that
are necessary as we go on with the proceedings.

Thank you very much. We are hoping for your

favorable action on the matter.

Respectfully yours,

ABK LAW OFFICE

Counsel for the Private Complainant
Unit 1-B, Madison Plaza, F. Ramos Street,
Tagbilaran City, Bohol, Philippines
Telefax No. (032) 333-6666
Email Address : [email protected]

BY:

ATTY. ADAM B. KE-E

Roll of Attorneys No. 100674
IBP No. 700891 (Lifetime); Bohol
PTR No. 123456; 7 January 2020; Bohol
MCLE Compliance No. VI-154232; 11 June 2020
[email protected]

Page 1 of 11
Republic of the Philippines )
City of Tagbilaran ) SS
x-----------------------------------/

JUDICIAL COMPLAINT – AFFIDAVIT

Personal circumstances of the lawyer examining the

witness:

Atty. Adam B. Ke-e, Filipino, of legal age, single and

with office address at ABK Law Offices, Unit 1-B,
Madison Plaza, F. Ramos Street, Tagbilaran City, Bohol,
Philippines.

Place of examination of the witness:

ABK Law Offices

Unit 1-B, Madison Plaza, F. Ramos Street, Tagbilaran
City, Bohol, Philippines

Sworn declaration of witness:

Patrick Swayze, British national, of legal age, single,

and a resident of Panglao, Bohol, Philippines, after
having been duly sworn to in accordance with law,
hereby depose and state:

Offer of Testimony:

The testimony of this witness is offered to prove the

following:

1. That he is the private complainant in this case;

2. That he personally knows the accused, Emma Reston,

Greta Ramos, Shayla Marquez, and Wayne Militante;

3. That sometime in the last quarter of 1999 he met

Emma Reston and convinced him into investing for the
development of her beach-front property located in
Doljo, Panglao, Bohol into a resort;

4. That he agreed to invest his hard-earned money and

thereafter, they developed the beach-front property

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 into a resort and put up a dive center, now known as
Hayahay Beach Resort;

5. That they agreed that Emma’s contribution would be

the use of her beach-front property, which she will
thereafter lease to the Hayahay Beach Resort
Corporation;

6. That pursuant to such agreement, a contract of lease,

was executed in favor of the Corporation on 22
September 2000;

7. That they also agreed that the revenues and profits

from the dive center will belong solely to him since he
purchased all the equipment and the facilities of the
dive center using his personal funds;

8. That from the time Hayahay Resort and the dive center
started operations in December of 2000 up to March
2018; the revenues in the dive center were regularly
remitted to him. However, revenues or profits from the
dive center for April 2018 up to March 2020 were not
remitted;

9. That he sent a demand letter to Emma Reston, Greta

Ramos, Shayla Marquez, and Wayne Militante on March
9, 2020, reminding them of their obligation and asking
about the unremitted revenues/profits from the dive
center for April 2018 up to March 2020 but no response
was made, not even as to the reasons for non-
remittance;

10. That he sent another demand letter on March 16,

2020, demanding for the unremitted revenues/profits
and informing them that if the unremitted
revenues/profits are not settled, legal action will be
resorted, but such appeal remained unheeded;

11. That he suffered damages and incurred expenses;

12. And such other relevant matters.

Page 3 of 11
 Questions and Answers
(By Way of Direct Examination)

Q1: Good Morning, Mr. Patrick Swayze

A1: Good Morning, Atty.!

Q2: You are hereby advised that you may face criminal
prosecution for perjury or false testimony if ever you will
give any false declaration in this Judicial Affidavit that you
intend to execute. Are you still willing to proceed with the
taking of your Judicial Affidavit?

A2: Yes, Atty., for I will only tell the truth, the
whole truth, and nothing but the truth.

Q3: Why did you come here and want your sworn
declaration taken?

A3: I want to file a case for Violation of Estafa

with abuse of confidence under Article 315 No. 1-
B of the Revised Penal Code against Emma
Reston, Greta Ramos, Shayla Marquez, and
Wayne Militante, directors of the Hayahay Beach
Resort Corporation, who are residents of Doljo,
Panglao, Bohol, Philippines.

Q4: Can you tell us about the incident that led you to file
the instant criminal complaint for Estafa with abuse of
confidence under Article 315 No. 1-B of the Revised
Penal Code against Dumlaw, Salgados, Twing, and
Pood?

A4: On or about the last quarter of 1999 I met

Emma Reston in Alona Beach Resort in Panglao,
Bohol and she informed me that she owned five
thousand square meter (5,000 sqm.) beach-front
property in Doljo, Panglao, Bohol and convinced
me into investing for the development of her
beach-front property into a resort.

Then, upon seeing the property and discovering

its proximity to some of the dive spots in the
Philippines, I agreed to invest my hard-earned
money and thereafter, we developed the beach-
front property into a resort and put up a dive

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 center. It is our agreement that the revenues
and profits from the dive center will belong solely
to me since I purchased all the equipment and
the facilities of the dive center using personal
funds.

From the time Hayahay Resort and the dive

center started operations in December of 2000 up
to March 2018, the revenues in the dive center
were regularly remitted to me. However,
revenues or profits from the dive center for April
2018 up to present, March 2020 were not
remitted.

Counsel: A copy of the agreement herein attached as

ANNEX “A”.

Q5: What happened after, if any?

A5: Because of such non-remittance, I inquired

with the Accounting Department for the current
status of the corporation's revenue or profits,
specifically that of the dive center. There, I found
out that the profits of the dive center from April
2018, up to present, March 2020 were not
remitted.

Q6: How much was the total amount of unremitted

revenues/profits?

A6: The monthly statements for April 2018, up to

present, March 2020 indicate that the dive center
earned net profits of at least Six million pesos
(Php6,000,000.00), which amount, Emma and the
other three directors failed to remit to me.

Counsel: Copy of the Printouts of the monthly

statements herein attached as ANNEX “B”.

Q6: Aside from making an inquiry in the Accounting

Department, what other actions did you take, if any?

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 A6: I also sent a letter to Emma Reston, Greta
Ramos, Shayla Marquez, and Wayne Militante on
March 9, 2020 to remind them of their obligation
and ask about the unremitted revenues/profits
from the dive center for April 2018 up to March
2020.

Q7: And what was their response, if any?

A7: They did not reply or made an effort to

communicate with me, and not even bother to
explain the reasons for non-remittance.

Q8: What happened thereafter, if any?

A8: I felt like they were adamant in complying

with their obligation, so I sent another demand
letter on March 16, 2020 demanding for the
unremitted revenues/profits and informing them
that if the unremitted revenues/profits are not
settled, legal action will be resorted, but such
appeal remained unheeded.

Counsel: Copy of the two (2) demand letters herein

attached as ANNEX “C”.

Q9: What was their response, if any?

A9: There was no response at all. They did not

answer my appeal.

Q10:As of today, did they make any attempt to give you the
unremitted revenues and profits?

A10: No, not at all and they know that.

Q11: As a result of these unremitted revenues and profits,

how do you feel?

A11: I feel betrayed. I feel very frustrated and

disappointed. Now, I am not able to sleep well
because of the anxiety and stress of litigating
this matter.

Q12: In this criminal case filed against Emma Reston, Greta

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Ramos, Shayla Marquez, and Wayne Militante, what do
you seek from the Honorable Court?

A12: First, Emma Reston, Greta Ramos, Shayla

Maruez, and Wayne Militante must be held
criminally liable for violation of Estafa with
abuse of confidence under Article 315 No. 1-B of
the Revised Penal Code.

Second, Emma Reston, Greta Ramos, Shayla

Maruez, and Wayne Militante should be made to
pay at least six million pesos (Php
6,000,000.00), which amount Emma and the
three other directors of the Corporation failed to
remit to me as per the printouts of the monthly
statements from April 2018 to March 2020.

Third, Emma Reston, Greta Ramos, Shayla

Maruez, and Wayne Militante should be made to
pay me moral damages in the amount of TWO
HUNDRED THOUSAND PESOS (Php200, 000.00)
for the fraudulent non-remittance of revenues
and profits, as well as their unjustified and
malicious refusal to make good of the same,
causing me to suffer serious anxiety, wounded
feelings, frustrations, and countless sleepless
nights.

Fourth, Emma Reston, Greta Ramos, Shayla

Maruez, and Wayne Militante must be
condemned to pay exemplary damages in the
amount of at least FIFTY THOUSAND PESOS
(Php50, 000.00), to deter others who have
similar disregard for the sanctity of contracts
and the binding effect of an obligation validly
entered into, as well as to set an example for the
public good.

Fifth, Emma Reston, Greta Ramos, Shayla

Maruez, and Wayne Militante should be made to
pay me ONE HUNDRED THOUSAND PESOS
(Php100, 000.00) as Attorney’s fees and
Litigation expenses. Were it not for their criminal
doing, I would not have been constrained to hire
the services of counsel for a fee to enforce and

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 protect my rights.

Sixth, Emma Reston, Greta Ramos, Shayla

Maruez, and Wayne Militante should be made to
pay legal interest at the rate of six (6%) per
annum, to be reckoned from the filing of the
complaint until fully paid, for his default in
making good the unremitted revenues and
profits.

Q13:Is there anything else that you would like to say?

A13: That is all for now, Atty.

Q14:Do you confirm and affirm the truthfulness and

correctness of all the narrations contained in this Complaint-
Affidavit?

A14: Yes, all of the foregoing statements are

true and correct to the best of my personal
knowledge and based on some authentic records.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 26th day of March 2020 at Tagbilaran City,
Philippines.

Patrick Swayze
Affiant
PRC I.D. No. __________
Valid until:_____________

SUBSCRIBED AND SWORN TO BEFORE ME, a

Notary Public for the City/Province of Bohol, this 26 th day of
March 2020 by Patrick Swayze who is the same person who
personally signed before me the foregoing Judicial
Complaint- Affidavit and acknowledged that he executed the
same and exhibited to me his identification card as indicated
above.

I hereby certify that I have personally examined

the complainant-affiant and am fully satisfied that he freely
and voluntarily executed the foregoing complaint- affidavit
and that he fully understood the contents thereof.

Page 8 of 11
 ATTY. SHANE LYNCH R. ALMONIA
Notary Public
Tagbilaran City, Bohol | 31 December 2019
Roll of Attorney No. 34567
IBP No. 12345/LIFETIME/Bohol
PTR No. 87654/20 January 2020/Bohol
MCLE Compliance No. VI-136113/19 January 2020
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2020.

Page 9 of 11
 ATTESTATION

Republic of the Philippines )

City of Tagbilran. )S.S
X——————————-/

I, ADAM B. KE-E, Filipino, of legal age, single, and with

office address at ABK LAW OFFICES, Unit 1-B, Madison
Plaza, F. Ramos Street, Tagbilaran City, Bohol, Philippines,
after having been duly sworn in accordance with law, hereby
depose and attest that:

1. I am the lawyer who supervised the examination of

PATRICK SWAYZE, the latter being the private
complainant in the case to be filed against EMMA
RESTON, GRETA RAMOS, SHAYLA MARQUEZ, and
WAYNE MILITANTE for violation of Estafa with abuse
of confidence under Article 315 No. 1-B of the Revised
Penal Code.

2. I faithfully caused to be recorded the questions

propounded to PATRICK SWAYZE as well as the
latter’s answers/responses to the questions.

3. Neither I nor any other person influence, provide

answers to, or, otherwise dictate PATRICK SWAYZE
in the course of the examination.

4. I execute this attestation in order to attest to the

truth of the foregoing statements.

I have hereunto set my hand this 26 th day of

March 2020 at Tagbilaran City, Bohol, Philippines.

ADAM B. KE-E
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME a

Notary Public for the City/Province of Bohol, this 26 th day of
March 2020 by Adam B. Ke-e who is the same person who
personally signed before me the foregoing attestation and
acknowledged that he executed the same and exhibited to
me his IBP identification card bearing no. 581203.

Page 10 of 11
 ATTY. SHANE LYNCH R. ALMONIA
Notary Public
Cebu City | 31 December 2019
Roll of Attorney No. 34567
IBP No. 12345/LIFETIME/Tagbilaran
PTR No. 87654/20 January 2020/Tagbilaran
MCLE Compliance No. VI-136113/19 January 2020

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2020.

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