Court drops Wellmed case, citing lack of jurisdiction

Judge Janet Abergos-Samar of RTC Branch 219 said the case should be tried by a metropolitan trial court, and stressed that her dropping of the case “has nothing to do” with the guilt or innocence of the defendants.
Russell Palma

MANILA, Philippines — A Quezon City regional trial court (RTC) has dismissed the charges against the Wellmed owner and officers allegedly involved in the Philippine Health Insurance Corp. (PhilHealth) fraud claims.

Judge Janet Abergos-Samar of RTC Branch 219 said the case should be tried by a metropolitan trial court, and stressed that her dropping of the case “has nothing to do” with the guilt or innocence of the defendants.

Samar granted the motion of the defense to quash charges for 17 counts of estafa and falsification of public documents against Bryan Sy, whistle-blowers Leizel de Leon and Edwin Roberto and other unidentified individuals.

The defendants allegedly defrauded PhilHealth of claims ranging from P5,200 to P39,000 per case.

These charges have penalty under the Revised Penal Code of two months and one day to six months for estafa and a maximum penalty of two years, four months and one day to six years imprisonment for falsification of public or official documents by a private individual that falls under the jurisdiction of first level courts.

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

Both De Leon and Roberto were placed under the government’s witness protection program after they tagged Sy in the PhilHealth anomaly.

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