Falsehood not perjury per se

A few years back, Tiger Resort Leisure and Entertainment, Inc. (TRLEI) entered into a contract with Aruze Philippines Manufacturing Inc. (APMI) for the latter to supply LED light strips for Okada Manila’s building façade, which later turned out to be defective.

What initially appeared as a seemingly straightforward business transaction turned ugly after TRLEI, through chief executive adviser Dindo Espeleta, filed a complaint against AMPI executives last year for estafa.

According to TRLEI’s complaint, APMI was not authorized to engage in the business of manufacturing LED strips suitable for outdoor use and what APMI supplied to Okada Manila came from another company, J&J Philippines Corp., which was a violation of the contract since APMI represented that it would manufacture the supplied LED strips.

APMI, meanwhile, denied making any false representations, saying that the manufacture and supply of LED products are activities that fall under its secondary business purposes based on its amended articles of incorporation, adding that the Philippine Economic Zone Authority in fact inspected the LED products prior to delivery to TRLEI.

APMI, in filing a complaint for perjury against Espeleta, for alleged falsehoods given in his estafa complaint, added that Espeleta falsely made it appear that he did not know APMI would not manufacture the LED strips and that a third party would supply it.

Espeleta, in answer to the perjury complaint, argued that APMI’s primary purpose did not mention manufacturing of LED products and that APMI’s PEZA registration only pertained to gaming machines and parts.

But the Las Pinas City prosecutor said there was no probable cause to indict Espeleta for the crime of perjury since one of the elements of the crime, namely that respondent made a willful and deliberate assertion of falsehood when he made the affidavit complaint for estafa against APMI was absent.

In dismissing the complaint for perjury, the city prosecutor noted that APMI’s amended AOI in fact did not mention manufacturing of LED light strips for outdoor use as one of its primary or secondary purpose and that APMI’s PEZA registration was only for manufacturing of gaming machines or gaming machine parts.

 Citing the Supreme Court’s decision in the case of Monfort vs. Salvatierra, the city prosecutor emphasized that a false statement of a belief is not perjury and that in Espeleta’s case, the latter was able to establish that his assertions in his complaint affidavit are based on his belief and conviction.

In filing the estafa case, TRLEI alleged that it was defrauded by APMI in supplying the LED strips which turned out to be defective and not suitable for the intended use. The damage allegedly amounted to about $7 million, the amount TRLEI spent and paid to APMI for the LED transaction.

Outstanding Dumangasanons

Dumangas, Iloilo – Back in 2012, then Dumangas Mayor Ronaldo Golez came up with this idea of giving due recognition to outstanding Dumangasanons whose dedication to their profession or vocation has resulted in significant contributions to the welfare of their fellow kasimanwas in Dumangas, the country, or society in general, as well as the advancement of their respective fields.

In coming up with these awards, Golez and the municipality hope that will inspire and challenge others, especially the youth of Dumangas, to become development-oriented and to excel beyond the ordinary.

The Dungganon nga Dumangasanon Awards took a brief respite after 2013, but was revived last year.

This year, this booming town (which is 30-45 minutes away from Iloilo City) led by Mayor Golez, has chosen me as an awardee for journalism. Past awardees for this field include Amando Doronila and Ceres Doyo. The award ceremonies were held yesterday night, or on the eve of the town fiesta.

Others who were conferred the award this year are former health secretary Dr. Paulyn Ubial (health), former Congressman Hernan Biron Jr. (politics), super model Ria Bolivar-Salcedo (arts), Chamaigne Jamandre (science and technology), Souvenir Tachado (education), Danilo Buan (humanitarian/charity), Larisa Glenda de Castro (international organization), Elizabeth Doronila (government service), Judge Merlin Deloria (justice/law), Clemente Doyo (community service), Ma. Zoila Christina Deocampo (economics and finance) and Brig. Gen. Roberto Domines(military service).

Partylist group goes viral

A YouTube video featuring 1PACMAN partylist group went viral, garnering over 3.5 million views.

In its latest trending video, 1PACMAN (1 Patriotic Coalition of Marginalized Nationals) Rep. Mikee Romero said that the Philippines will achieve its goal with upright political leaders and that hopes and inspirations are among their objectives to uplift the lives of majority of Filipinos.

Romero is credited for having modernized Manila North Harbor and for making travel more affordable with AirAsia Philippines.

Romero joined the political fray via 1PACMAN with the vision of helping senior citizens, displaced former athletes who had given honor to their respective provinces and the country, and undiscovered young potential athletes who do not have access to formal, professional training and financial assistance to be able to compete for the country.

 Among 1PACMAN’s achievements are providing scholarships to 12,000 students and creating new jobs. Sen. Manny Pacquiao and senatorial candidate Lito Lapid are supporting the partylist group.

Romero vows to continue his programs  for the informal sectors, especially the most marginalized and neglected by private and public institutions because of their sheer number and distance from the centers of commerce and urban development.

For comments, e-mail at [email protected]