CEBU - Former Mandaue City councilor Jovita “Joy” Ouano has filed an urgent motion to hold the proceedings of the estafa case filed against her for allegedly issuing checks amounting to almost P300,000 without sufficient funds in the bank.
Ouano, in her motion, said that they have already filed a petition for review of the case before the Department of Justice last December 10.
“In this regard, we respectfully submit that to await the resolution of the petition is warranted because the issues raised therein are determinative whether criminal prosecution against the accused remains provident,” the motion read.
Ouano also asked the court to hold in abeyance the judicial determination of probable cause to issue an arrest warrant against her.
Yesterday, Cebu City Prosecutor Nicolas Sellon approved the filing of the case before the Regional Trial Court and recommended a P30,000 bail for Ouano’s temporary liberty.
Ouano, barangay captain of Opao, Mandaue, and whose election as president of the Association of the Barangay Councils is still being contested before the court, allegedly issued two Pen Bank checks to Marife Geraldez-Oon in September and October 2006.
The checks amounting to P140,000 and P130,000, respectively, bounced when the complainant tried to encash it for insufficient funds.
In her complaint, Oon claimed that she had a transaction with Ouano sometime in the last week of August in which the accused obtained a loan from her.
As a guarantee of payment Ouano issued two post-dated checks.
But the checks were allegedly dishonored by the bank for reasons that the funds were insufficient and the other account was closed. Oon said she made a demand to Ouano sometime in December 2007 but the latter allegedly refused to pay.
Ouano, in her counter-affidavit, denied having any obligation to the complainant. While she admitted having obtained a loan from the complainant, she claims to have already paid it.
Ouano contended that the checks were issued in good faith but she allegedly failed to get it after she fully paid the loan. She presented at least four deposit slips she allegedly made with Banco de Oro.— Jasmin R. Uy/BRP (THE FREEMAN)