THE Department of Justice (DoJ) has ordered the filing of estafa cases against three Indonesian businessmen and their two Filipino associates for syndicated estafa.
The complaint for syndicated estafa, a non-bailable offense, was filed by the San Miguel Holdings Corporation (SMHC).
In a resolution approved by Acting Prosecutor General Richard Fadullon, the DoJ found probable cause to indict Indonesian nationals Shadik Wahono, Dodik Marseno Catur Utomo, and Sahra Mayor, along with Filipino respondents Alvin Bugtas and Joel Rayos.
“Wherefore, it is respectfully recommended that the attached information accusing respon-dents…of committing the crime of Syndicated Estafa under Article 315, Paragraph 2(a), of the Revised Penal Code, in relation to Presidential Decree No. 1689, be approved for filing in court,” the resolution read.
The case stemmed from the complaint filed by San Miguel Holdings Corporation (SMHC), the infrastructure arm of San Miguel Corporation (SMC), which filed a separate criminal complaint for syndicated estafa against Wahono and several others.
The complaint alleged that Wahono misrepresented his company PT Citra Lamtoro Gung Persada (CLGP) as the legal owner of Citra Central Expressway Corp. (CCEC) shares acquired by SMHC.
According to SMHC, CLGP cannot be the legal and beneficial owner of the shares since the subscription price was actually paid for by Citra Metro Manila Tollways Corp. (CMMTC) funds of which SMHC was also a beneficial owner at that time.
SMHC, through its legal counsel, said the alleged unauthorized disbursement of CMMTC funds, of which both SMHC and Wahono at that time were major shareholders.
It was supposedly used by Wahono to incorporate another company called Citra Central Expressway Corporation (CCEC), adding that the transfer of money was listed as a “loan” from CMMTC to Wahono’s CLGP, for the incorporation of CCEC.
The complaint added that Wahono entered into a separate partnership with SMHC for CCEC, to undertake the Skyway Stage 3 project.
In its resolution, the DoJ gave weight to the complainants’ allegations that because the respondents defrauded CCEC that resulted in the misappropriation of money contributed by SMHC to CCEC.
“And considering further that SMHC received funds from the public through San Miguel Corporation, its funds may be said to be funds from the general public. Hence, PD 1689 (syndicated estafa) finds application in this case,” the DoJ ruling stated.Publication Source : People's Journal