Bias F.

Ople Policy Center

And Training Institute

CIVIL CASE SUMMARY

REYNALDO V. SALAS, ARSENIO ALEJANDRO, JR., IVAN P. DELA CRUZ, SAMEN G. BASSAR, MALIC S.
DARIMBANG, ALEXANDER B. MANGORSI, DATUMOLOK M. PALAINDOG, ABINA-ALI MOBIN, ALiT N. ABELLA
BERNIE A. NAOE and ZOHAYRE M. TANGGOR,
Complainants,
versus -
CYM INTERNATIONAL SERVICES AND PLACEMENT AGENCY, INC., CONNIE PALOMA, RICHARD PESTANO,
CAROL P. PESTANO, JAYSON PALOMA, RJJ LACABA FINANCING CORPORATION, ELMER L1M, FELINO p,
GERONIMO, ASIA UNITED BANK, PARAMOUNT LIFE & GENERAL INSURANCE CORPORATION and HQR
TECHNICAL INSURANCE AGENCY, INC.,
Defendants .

• Petition for 1) Annulment or Declaration of Nullity of Contract, and 2) Damages.

• Class Suit - The Complainants are bringing this case for and in behalf of all other persons similarly situated (Sec. 12,
Rule 3 of RRC)

• Facts of the Case:

CYM International, through false advertisements in the form of handbills and fliers enticed the Complainants to
apply for employment as bus drivers in Dubai, UAE, with the promised monthly salary of UAE Dirham 5,200 or
US$ 1,500. CYM International then referred the Complainants to RJJ Lacaba Financing to borrow from the latter
the placement fee required by the CYM International in the amount of PhP150,300. CYM International and RJJ
Lacaba, conspiring with one another required the Complainants to sign numerous documents under the guise of
processing their application for employment in Dubai. The Complainants were herded in batches and were
rushed into signing contracts and other documents about 1-inch thick without being first allowed to read the said
documents and with no attempt to explain to them the contents of said contracts. Unknown to the Complainants,
they have in fact been made to enter a very complicated and onerous financing scheme. The Complainants were
further made to open demand deposit checking accounts with either AUB or East West Bank, from which
checking accounts they were made to sign and issue 39 undated checks payable to RJJ Lacaba, AUB,
Paramount Insurance, and HQR Insurance with a total amount of PhP1 ,906,123 within a period of 18 months,
including an exorbitant interest of 1,145.83% ..
Thereafter, using false, dubious and/or often conflicting documents from other placement agencies, CYM
International arranged for the Complainants to fly to Dubai. Upon reaching Dubai, they found out that the
promised jobs as drivers did not actually exist. Their passports were confiscated by Altoomoh Technical
Services, the partner agency of CYM in Dubai, an act in violation of the Anti-Trafficking of Persons Act (RA
9208). The Complainants were made to endure extreme and undue hardships while stranded in Dubai for nearly
3 months all because of the illegal acts of CYM International. In order to survive, Complainants were constrained
to engage in scavenging and to collecting glass, plastic, metal and other recyclable materials from the garbage
dump in order to be able to buy food and drinking water. On most days, Complainants had only 1 meal a day and
sometimes even had to go to bed with their stomachs empty.
Meanwhile, the families of the Complainants have started receiving demand letters for payment from the
abovementioned lending companies.

• Causes of action:
1) AnnulmenUDeclaration of Nullity of Transaction, Contracts or Agreements
- Vitiated Consent - The Complainants were deceived to sign loan agreements under the guise of processing
their application for employment in Dubai.
- Failure of Consideration - The promised jobs in Dubai were not delivered to the Complainants.
- Syndicated Act of Fraud - All the Defendants were in conspiracy with one another in a syndicated and
fraudulent scheme and they acted in concert as part of one group promoting their services on a "packaged
deal" basis as evidenced by false advertisements, aimed at defrauding unsuspecting applicants.
- Unconscionable Interest Rate - Excessive and exorbitant interest rate of 1,145.83%
2) Damages
- Actual and Compensatory Damages - Php 100,000 for each victim.
- Moral Damages - Php 100,000 for each victim.
- Exemplary Damages -Php 100,000 for each victim.
3) Order Declaring the Complainants as Pauper Litigants - to exempt them from the payment of all legal fees.