Forged signature CA junks ex-judge's intervention

CEBU, Philippines - Ruling that he was not an aggrieved party, the Court of Appeals in Cebu has denied the petition for review filed by former Regional Trial Court Judge Ferdinand Marcos in relation to a supposed annulment case.

Associate Justice Abraham Borreta affirmed the decision of RTC Judge Estela Alma Singco, which said that Marcos has no legal personality over the case filed by Nestor Tampus against his wife Leticia for falsification of a court decision that said their marriage had been annulled.

“As gleaned from the records, the petitioner is neither an aggrieved party nor the private complainant or offended party in this falsification case but is only a mere witness,” the decision reads.

Though he claimed his integrity has been damaged after his signature was forged, Borreta ruled the same was “inconsequential.”

Borreta also said there was no evidence that Singco was wrong in denying Marcos’ petition for certiorari.

“In fine, petitioner is not the aggrieved or offended party entitled to intervene in the instant case. Thus, we find no reversible error on the part of the court a quo in rendering the assailed orders,” the decision further reads.

Nestor had filed a case for falsification of public document against his wife Letecia before the Municipal Trial Court in Cities.

In his complaint, Nestor stated Letecia fabricated a document by giving the same the appearance of a genuine decision of RTC Branch 20 consisting of three pages annulling their marriage. Marcos used to be the judge of the branch.

“…incorporating therein a body of the said Decision purportedly showing that the plaintiff therein, who is the accused herein, had filed a petition for the annulment of her marriage with a certain Nestor Tampus and that the then presiding judge of said court, Ferdinand J. Marcos, had granted the said petition on December 23, 1999,” the Information of the case reads.

Nestor said he later found out that the decision was fabricated and that Marcos’ signature therein had been forged. He said his wife even used the document as an excuse to marry again.

However, less than a year later, Letecia filed a motion to dismiss the case. She attached an affidavit of desistance executed by Nestor claiming he was no longer interested in pursuing the case because they have reportedly “reconciled and patched up their differences.”

On November 20, 2006, the MTCC dismissed the case Nestor filed against Letecia.

“…the court resolves to grant the Motion to Dismiss filed by prosecutor Eulogio Borres Jr., by virtue of the Affidavit of Desistance executed by private complainant Nestor, as it is hereby, for being meritorious, granted and as prayed for, this case is hereby ordered dismissed.”

Marcos, however, filed an opposition expressing his interest to prosecute the case. He said he was implicated in the case as his integrity has been damaged by the falsification committed by Letecia.

The MTCC dismissed his opposition, prompting him to file an appeal before the RTC. The RTC, however, dismissed the appeal because Marcos has no legal personality. Marcos then raised the issue to the CA.

But Borreta said, “No private interest is involved herein as the offense is committed against the government. The offender does not, in any way, have civil liability to a third person. The offender incurs civil liability to the government as the offended party,” —(FREEMAN)