THE Cebu City Government and the management of BDO Unibank were given 20 days to submit their memoranda on the cases the City filed against the bank.
City Attorney Joseph Bernaldez said that after the submission of memoranda as required by the Department of Justice during its preliminary investigation last Monday, the cases against the two branches of BDO will then be submitted for resolution.
“We were required to submit a memorandum in support of our position and also with the BDO. Then the investigating prosecutor will resolve the matter,” he said.
The City was only required to submit its memoranda for the BDO cases after Bernaldez manifested during the preliminary hearing last Monday that the cases against SM Prime Holding Inc. (SMPHI) will be excluded.
This is because the information of the cases was already submitted to the court.
Bernaldez said the prosecutor no longer has jurisdiction over the cases against SMPHI.
Osmeña earlier said that he is not willing to settle the tax evasion cases that the City filed against two branches of BDO and SMPHI.
Last November, Osmeña filed criminal complaints against four officials of SMPHI for allegedly misrepresenting the size of its SM Seaside City building in the South Road Properties to reduce its tax obligations to the City Government amounting to about P23 million.
However, in its March 15 resolution, the City Prosecutor’s Office cleared the three officials and only found enough basis to charge Imelda Lim, SMPHI’s senior tax manager.
Early this year, Osmeña also filed a criminal complaint before the Office of the Cebu City Prosecutor against the BDO branches on Magallanes-Plaridel and Osmeña Blvd. for allegedly failing to declare their correct gross annual income. (RVC)