DOJ denies trader's motion on junked case

The Department of Justice denied businessman James King's motion asking for the reversal of its resolution that dismissed the estafa case he filed against Roderick Go, his wife Grace and relatives.

The DOJ resolution, dated September 26, denied the motion for reconsideration filed by King since there was "no cogent reason to amend, modify, much less reverse the Resolution of December 17, 2004" issued by the department.

In a December 17, 2004 resolution, Justice Secretary Raul Gonzalez resolved the petition for review after several motions were filed in favor of the respondents: Grace Go, Tong Go, Lucy Go, Nelson Go, Roland Tan, Elena Tan and Lamberto Tan.

The resolution stated that the "indictment of all the respondents came from an apparently benighted idea of assistant provincial prosecutor Hermes Montero that estafa was committed under Art. 315, 2[a], Revised Penal Code."

Gonzalez, in that same resolution, reversed the resolutions issued by then acting DOJ secretary Merceditas Gutierrez on February 11, 2004 and August 18, 2004 reinstating Montero's joint resolution that approved the filing of seven separate information against the respondents.

But Gonzalez reversed the resolution because the filing of the information was illegal since they did not bear the approval of the Cebu provincial prosecutor. The Justice Secretary, however, directed the fiscal to file an estafa case only against Roderick Go.

Finding a "suppression of evidence" by Montero, Gonzalez said in his resolution that "the prosecutor deliberately omitted to present as evidence Insular Savings Bank check dated June 18, 2002 in the amount of P8,137,000."

The check, the resolution stated, was a vital piece of evidence that would constitute proof of whether or not the complaint is valid.

The DOJ cited that there were records of the case that showed that on June 19, 2002, King was already aware that the check was dishonored because the account was closed.

"Hence, these facts and circumstances do not support the allegations that estafa was committed by herein respondents," Gonzalez said. - Liv G. Campo