CH worker cleared in perjury complaint

CEBU, Philippines - For lack of merit, the anti-graft office dismissed the criminal complaint for perjury filed against an employee of the Cebu City Hall for declaring that her automated teller machine card was lost when it was allegedly not.

Graft investigation and prosecution officer Corazon Arnado-Carillo found no evidence to hold respondent Josephine Ortiz criminally liable.

“Wherefore, premises considered, the above entitled case filed against Ortiz, Metro Aide 1, Department of Public Services, Cebu City Hall, Cebu City, for perjury is hereby dismissed for lack of merit,” the resolution read.

The resolution was approved by Deputy Ombudsman for the Visayas Pelagio Apostol.

Based on the complaint filed by Jean Duran, a resident of Rizal Avenue Exit, Mambaling, Cebu City, she alleged that as of July 24, 2011, the respondent owed her P15,000.  As collateral the respondent offered her Land Bank of the Philippines ATM card.

Aside from the P15,000, the complainant said the respondent borrowed an additional P32,900.

However, on Nov. 28, 2011, she said the respondent allegedly executed an affidavit of loss declaring that she lost her ATM card on Nov. 25, 2011.

With that, she said the LBP issued another ATM card to the respondent.

“Respondent was aware that her LBP ATM card was not lost but was given to the complainant as security of her loan,” the complaint reads.

Duran said executing an affidavit of loss was tantamount to perjury.

In her counter-affidavit, the respondent admitted she borrowed money from Duran and used her ATM card as collateral.

In payment of her loan, the respondent said the complainant made several withdrawals from her ATM card.

“Aside from the monthly salary, complainant withdrew my 13th month pay which was released in May and November 2011, hazard pay and loyalty bonus,” the counter-affidavit read.

Respondent said complainant was able to withdraw at least P54,217.26 from her card.

After she fully paid her debt, Ortiz said she demanded the return of her ATM card but the complainant refused prompting her to execute an affidavit of loss to secure a new ATM card from the LBP.

Based on the foregoing arguments, Carillo, in her four-page resolution, said that the respondent did not commit perjury when she executed an affidavit of loss.

Under the Civil Code, Carillo said a thing is considered lost when it disappears and cannot be recovered.

“When complainant refused to return the LBP ATM card to the respondent, who is the rightful owner of the said LBP ATM card despite full payment of her loan, respondent has the right to declare the same as lost,” the resolution reads.

The execution of the affidavit of loss, Carillo said, was with legal basis.  — (FREEMAN)