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Legal Process advice please.

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1 Legal Process advice please. on Wed Jun 18, 2014 12:11 pm


Arresto Menor
Good Day!
I need help on what case should I file and how to formally file a complaint at NBI. What is the protocol?

Posing as SkyCable Agent

It was May 20, 2014 around 10AM, the suspect dropped by in front of our neighbor’s house and told them that they already have a “notice of disconnection” and attempted to collect a payment from them. In response, our neighbor said, “paano magkakaroon ng notice of disconnection eh annual billing kami?”, then the suspect answered, “yun po ang nag a-appear sa system namin, computerized po yun hindi nagkakamali, paki check na lang yung last bill nyo”. In response, our neighbor just said , “sige, iche-check ko”.
Then the suspect went in front of our house where I was sitting waiting for Bayantel and asked me, “may cable na po ba kayo?”, and since we just moved in to our new house, I just told him, “wala pa po kakalipat lang namin, pati nga Bayantel hinihintay ko ngayon para ikabit ang Landline at Internet”. Then the suspect introduced himself as Allan and showed his SKY Cable ID and asked me if I want to subscribe to SKY Cable’s new promos. I immediately answered yes, since we’re not subscribed to any cable programming provider. Then the suspect checked the hanging coax cable outside and connected the coax cable to our TV. It gave a crisp and clear picture which I thought he has done something with his tools to check the signal status, and he said, “okay ‘to, abot yung signal”. Then he asked for a payment of P3,000.00 for the cable installation. Before I gave him the payment I again questioned the authenticity of his affiliation with SKY Cable, he then showed a lot of documents and his SKY Cable ID and said, “Sir matagal na ako sa SKY Cable hindi ako pagkakatiwalaan ng kumpanya kung maliit na halaga titirahin ko. Maliit na halaga lang yan sir!, at kilala ako ng lahat ng management ng SKY”, he then mentioned a name “Alan” as his “katukayo” (I wasn’t able to take note of the last name) at a supervisory or managerial level to back him up.
After getting the payment, he then asked me if I’m interested with bundled service for Cable Programming and High Speed Internet for a lower rate. I answered yes but I told him that I’m still within the lock in period with Bayantel, if it could just wait for 3 more months. He was insisting on terminating my contract with Bayantel and I said I don’t want to pay the ETF (Early Termination Fee). He was still insisting but then offered to keep Bayantel for 3 more months until the contract expires while Subscribed to SKY Cable’s Bundled Cable Programming and High Speed Internet for annual billing. Being an employee of Dish Network for 3 years, one of the biggest Satellite and Internet Service Provider in continental US, I am aware about the rebates and discounts bundled and annual billing offers since we are offering the same deal so I said I’m interested with it. He then asked for another P5,000.00 for down payment for 5MBPS Internet and for my SKY Cable Account to be processed. At that time I only have P4,700.00 left since he already took P3,000.00 for the Cable Service so he said it’s okay.
After taking the payment he then took out a thick book that looks like a bundle of receipts but then he said “mamaya ko na lang issue ang resibo pag balik ko mamaya after lunch para i-install yung Digibox at Internet. Pupunta muna ako sa Pasig para i-register ang account mo sa pangalan mo” At that time I was recording video of the transaction as we exchanged contact details. As he left, I noted down the Plate Number of his Motorcycle.
I waited the whole day but the suspect never came back. I called the suspect at around 1330 to do a follow up, and despite of having my contact number, he replied via text message, “sino po sila?”. I introduced myself and he never replied. I attempted to call him back again at 1600, he answered the phone and said they cannot come since it’s already cut off.
The next day I was about to leave for Albay to conduct a 5-day seminar. My flight sched was May-21-2014 0750AM so I left at around 0645. The suspect knew that I’ll be out of town for uncertain number of days sent me a text message that they will be coming to install the Internet that day. They arrived at around 1800 with another guy claiming to be of SKY Cable and did some cablings and wirings. People at home called me at my mobile and told me that the suspects are now asking for another P3,200.00 to complete the annual billing payment. I told them to ask for any government issued ID and take a picture of it. Due to the inconsistency of the signal in Albay I was not able to respond right away. They took a picture of the Suspect’s License. Later I found out that they were harassed at home by the two suspects who were both at intimidating built and forced them to pay the remaining balance in an extorting manner when they asked the suspects to talk it over with the Barangay Officials at the Barangay Hall, and since there were just few of them at home and most of them are old women and young kids, they gave in to the suspects’ demand due to threat of being harmed or any crime. After getting the money, they immediately left and never came back.
While I was still in Albay, I kept in touch with the suspect by calling him and doesn’t recognize me or my number until I introduce myself. The suspect didn’t even know that I’m already aware about what happened at home even asked for a pasalubong and said, “Kuya Ton nakakahiya naman kung magdadala ka pa ng pasalubong, okay na sa aking kahit ano.”
I was preoccupied by the seminar which is still ongoing that I didn’t have time to contact the suspect again until I came back on May 25, 2014. As I arrived Manila I sent a text message to the suspect that people at home are badly waiting for the internet and on the verge of reporting the scam/extortion to the Police if they dont come back to install the internet and Digibox. Since then, whenever I call the suspect, the mobile phone kept on ringing but no one’s attending the call. Recently, I texted the suspect’s number just to convince him of coming back to set him up with the Barangay Officials, I told him that one of our neighbors are wanting the same service for bundled rate and annual billing and willing to pay down payment, I even asked if I’ll get a referral discount. The suspect answered “sino po sila?” and I didn’t reply. The suspect then kept on calling me using his mobile number and since I was not answering his calls he later called me using a Landline or home phone for the next couple of days. I then called him at his mobile number, the phone kept on ringing for several dialing attempts and finally someone answered but it was not him. The person on the other line asked some details about me as he relays the details to the suspect and I introduced myself with a different name. The suspect got the phone and he said “sinong Anthony ‘to”? Gatchalian?”, I replied, “Si tonton ‘to”. As he recognized me he immediately said he will come after lunch to finish the job order and will call me back, call dropped. No communication after.

I hope I can file a complaint at NBI today once I know how the process of complaining goes.

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