A MUNICIPAL trial court has dismissed all criminal charges against the employees of the United Coconut Planters Bank (UCPB) branch in Cagayan de Oro City who were detained after the P32.8 million cash they were transporting to Cebu City last June 25 was misconstrued as money owned by terrorists.
In a 7-page order penned by Presiding Judge Maria Luna Llena of 10th Judicial Region, Branch 5, the court cleared Rhodelle Nagac, Leonito Enterina, Reynaldo Puyos, Rolly Estribor, and Ma. Cecilia Lim of criminal liabilities.
Nagac, Enterina and Puyos were charged with attempted corruption of public officials; Estribor and Lim for obstruction of apprehension and prosecution of criminal offenders; and additional perjury in solemn affirmation charges against the latter.
"Accused' s prayer for the quashal of the information is hereby granted. The cases are hereby ordered dismissed," the order reads.
It can be recalled that the UCPB employees were supposed to transport the money but were held under custody for questioning by the Philippine Coast Guard (PCG) before they can board a ship bound for Cebu.
Their arrest came following a military intelligence report that the Maute terrorist group was planning to create atrocities in Iligan City and Cagayan de Oro City and that an undetermined amount of money was being brought out of the conflict areas for safekeeping.
Lim was charged for perjury for a willful and deliberate assertion of falsehood by stating under oath in her affidavit, "that the cash of the branch in excess of the cash holding limit allowed at any point in time is being transferred to UCPB cash center in Cebu because the Bangko Sentral ng Pilipinas do not accept cash to be deposited to them."
The court said "the affidavit that was required from Lim was merely made to explain to PCG Officer Cornelio the transport of money. The affidavit was not required by the National Prosecution Service of the Department of Justice in relation to the charge of committing acts in furtherance of rebellion."
"Her statement is not willful and deliberate assertion of falsehood. Further, there is no perjury because said affidavit was not required in the situation as the transport of money is legal and not violative of any rules and regulations," the order said.
For the attempted corruption of public officials charges, the court agreed with the accused saying "Sir, baka pwede natin pag-usapan ito (can we talk about this) but did not offer any gifts, which means nothing than an intention by the accused to discuss it.
"Indeed, the statement made by the accused is ambiguous and vague as to be interpreted as an attempt to corrupt said public official. Consequently, no probable cause exists as to charge accused of attempted corruption of public officials," the decision said.
The court also dismissed the obstruction of apprehension and prosecution of criminal offenders.
"Since the National Prosecution Service dismissed the case of committing acts in furtherance of rebellion and no case for violation of money laundering act was filed, then there can be no crime for obstruction of apprehension and prosecution of criminal offenders to begin with," decision furthered.
UCPB lawyer Alvin Calingin said justice has prevailed.
"For as long as we believe in our court system and the evidence is on your side, at the end of the day justice will prevail," Calingin said.
The said money which was previously placed under custody of the PCG has been returned to the UCPB.