Falsification case lost on technicality

CEBU, Philippines – Two former employees of a shipyard company in Consolacion town who were allegedly illegally dismissed in 1993 lost a criminal case filed before the Cebu Provincial Prosecutor’s Office on a mere technicality.

This even as the same office found probable cause that their former employers may be guilty of the crime charged.

Provincial prosecutor Pepita Jane Petralba dismissed the complaint for falsification of public documents filed by Flaviano Cañete and Danilo Maquilan against Vicente and Alvin Sandoval because of lack of jurisdiction.

The dismissal came even as the investigating fiscal Nelia Sistoso found probable cause that the respondents may be guilty of Article 172 of the Revised Penal Code or falsification by private individuals and use of falsified documents.

However, Sistoso found that the commission of the crime did not happen within its jurisdiction. She said that the forged documents were submitted by the respondents as part of their evidence in a labor case that the complainants had filed before the National Labor Relations Commission against Sandoval Shipyard Inc. in barangay Tayud, Consolacion.

Sistoso said that the crime was committed within the NLRC office which is located in Cebu City and not in the province.

Cañete and Maquilan earlier filed a labor case against Sandoval Shipyard Inc. for illegal dismissal in 1993. They won the case up to the Supreme Court and were awarded P33.6 million.

The court levied the properties of the company in favor of the dismissed workers. However, when a writ of execution was issued in October 19, 2005 the respondents presented a lease contract showing that the levied properties were just leased by the company.

As a result the NLRC refused to execute the judgement to the damage and prejudice of the workers. The workers later found out that the documents presented were falsified resulting to the filing of the criminal case before the prosecutor’s office. — Fred P. Languido/BRP (THE FREEMAN)