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Monday, March 01, 2004
Prosecutor drops raps v. execs of lending firm
By Avelyn Z. Agudon
THE City Prosecutor's Office dismissed the estafa through falsification of public documents charges against Rising Dragon Lending and Credit Corporation for lack of probable cause.
Prosecutor Pacita Perez-Galvez, in her resolution, dismissed the charges filed by the National Bureau of Investigation (NBI) against Ma. Ana Gardose, manager of the lending company; Carlo Cepeda, bookkeeper; Mark Andren, loan processor; and Alberto Buendia of the Rising Dragon Lending and Credit Corp., located at 2710 Narra Avenue, Capitol Shopping Center, Bacolod City.
The charges were filed following a complaint of Joel Javellana, son of Jelly Vicera, whose signature was reportedly falsified in a Deed of Chattel Mortgage to make it appear that she signed as mortgagor of the Fuso Jeepney with Plate No. FWA 905.
Perez, however, recommended that the information for estafa through falsification of public documents be filed against two others, Jessica Ramirez and Wilma Edrosolano after the prosecutor found they conspired in the commission of the offense.
The NBI earlier said based on their investigation, Javellana, registered owner of a Fuso Jeepney with Plate No. FWA 905, died at the Doctor's Hospital last April 3.
Javellana's children and husband, Pablito, agreed to transfer the ownership of the vehicle to the latter.
Ramirez, Javellana's family friend, volunteered last July to help in the processing of the transfer of ownership.
Javellana's son, Joel, then entrusted the Certificate of Registration to Ramirez.
But when Joel realized that Ramirez failed to process the transfer of ownership, he demanded for the accused to return the Certificate of Registration.
She reasoned out that the documents were still in Iloilo City.
Javellana's family later found out that instead of Ramirez facilitating the transfer of ownership, the accused in conspiracy with Edrosolano, Gardose, Cepeda, Andren and Buendia applied for a loan using the vehicle as collateral.
Further investigation revealed that last July 25, Edrosolano secured in behalf of Ramirez a Community Tax Certificate.
Edrosolano, who is a loan facilitator, acted as co-maker for the loan of Javellana, who was already dead at that time, amounting to P76,300 at RDLCC.
In the RDLCC borrower's personal data, the picture that appeared was not that of Javellana but that of Ramirez.
Ramirez issued six checks to RDLCC chargeable on her checking account with First Community Bank.
But Galvez said based on the facts and circumstances it is clearly shown that Ramirez and Edrosolano were the ones responsible in maneuvering the application and approval of a loan in the name of Jelly Javellana and there is no proof that other employees of the lending company, including their manager, conspired in the commission of the offense charged.
(February 28, 2004 issue)
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