Trial prosecutor Hannibal Santillan of the Makati City Prosecutors Office said the prosecution has sought the dismissal of fraud charges against Felix Co, Jeffrey Cal, Gerry Cal and Laura Cal because the suit is "an exact replica" of an old case, which the court has already dismissed.
"Fraud could never be presumed but should be proven by clean and competent evidence," Santillan said in a resolution submitted to the court on Aug. 12. "It is undisputed that based on an affidavit of desistance dated May 4, 1998, executed by complainant, the court dismissed the case."
The case stemmed from a dispute between Co and his former business partner, William Tieng, over alleged claims for payments of advertising spots in television programs they co-produced in 1997. The court dismissed the charges after Tieng submitted an affidavit saying the case was a bookkeeping problem.
But Tieng filed anew the same case against Co in January this year based on the same allegations. Co, who was named this year by the Volunteers Against Crime and Corruption as "The Most Outstanding Individual for Community Service," described the new case as "pure harassment."
In his motion to withdraw the case against Co, Santillan said the businessman was "never arraigned" even in the first case and "our office found no probable cause to hold the accused liable for the crime charged."
Santillan said the charges against Co must be dismissed "on the ground of duplicity of suits."
The court has lifted the arrest warrant issued against Co and the others, Santillan said.