RTC: Cases vs WellMed owner, whistleblowers filed at wrong court

MANILA, Philippines — A Quezon City court has dismissed criminal charges against the owner and former staff of WellMed Dialysis and Laboratory Center for having been filed in the wrong court.

In a ruling dated August 5, Quezon City Regional Trial Court Branch 219 granted the motion to quash filed by Brian Sy, one of WellMed’s owners, on the 17 counts of estafa through falsification of public and/or official documents filed by the National Bureau of Investigation against him and whistleblowers Edwin Roberto and Liezel De Leon.

The case involves allegedly fraudulent claims for dialysis treatments for patients who had already died.

The court says the cases should have been filed before a metropolitan trial court or a first-level court.

"This court is bereft of jurisdiction to take cognizance of the estafa through falsification of public/official documents cases which properly pertains to the first level courts," Judge Janet Abergos-Samar said in the ruling.

QC RTC: Accused may still be prosecuted

According to the decision, the metropolitan trial court would have the jurisdiction over the case because falsification of public or official documents carries maximum penalty of six years imprisonment.

“The answer lies on the effect of such absence of jurisdiction on the authority of the court. The lack of jurisdiction of this court over the offense charged deprives it of the power to act on the other motions filed by the parties,” the ruling said.

The court, however, clarified the dismissal of the cases has nothing to do with the guilt or innocence of the accused.

“The accused may still be prosecuted and the cases may still be filed before the said courts notwithstanding the dismissal decreed herein,” it said.

In his sworn affidavit, Roberto alleged that Sy ordered him on March 30, 2016 "to try to charge a dialysis billing amounting to P2,600 (per session) to Philippine Health Insurance Corp. claims of deceased individuals."

He claimed that a total amount of P600,000 covering dialysis sessions were paid by PhilHealth to WellMed prior to his resignation in March 2018.

Last June 14, the Department of Justice indicted Sy, De Leon and Roberto for 17 counts of estafa through falsification of documents.

Roque: Dismissal will hinder effort to cleanse PhilHealth

Sy’s lawyer, Rowell Ilagan, said the dismissal of cases is a “positive development” and “bolsters our position that the crime charged (estafa through falsification of a public document) is not a grave felony.”

“As such, the admission of the alleged whistleblowers to the Witness Protection Program is highly irregular as the admission to WPP is only limited to a grave felony,” Ilagan said.

Last June 26, Roberto and De Leon were provisionally admitted into the WPP for 90 days.

Harry Roque Jr., the whistleblowers’ counsel, assured the complaint can be filed at the proper court because it was dismissed only due to technicality but lamented the development will derail efforts to cleanse PhilHealth.

Roque also said Rodolfo Rosario, PhilHealth senior vice president for legal services, should be fired for filing a “defective complaint.”

The whistleblower’s lawyer said Rosario should have not impleaded Roberto and De Leon and that he should have charged PhilHealth officials who are in collusion with WellMed owners.

“The proper charge should’ve been graft and corruption or plunder against the owners of WellMed who are obviously in collusion with people within PhilHealth,” Roque said.