Criminal raps versus LLDC incorporators dismissed

CEBU, Philippines - The courts have dismissed the criminal cases filed against the five incorporators of LuDo & Luym Development Corp. (LLDC).

The dismissal came after the Department of Justice in Manila ordered the Office of the Cebu City Prosecutor to withdraw the information of criminal cases as it granted the instant petition for review filed by the accused.

Accused John Luym, Evelyn Luym, Johnson Eric Luym, Raquel Kaye Luym and Erlinda Gidayawan filed before the DOJ the instant petition to review of the cases filed by family member Douglas Luym.

In an order dated June 26, 2012, Municipal Trial Court in Cities (MTCC) Branch 5 Presiding Judge Oscar Andrino granted the public prosecution’s motion to withdraw information and likewise dismissed the instant cases against the five accused.

A separate resolution dated July3, 2012 signed by Regional Trial Court (RTC) Branch 5 Presiding Judge Douglas Marigomen also granted the motion to withdraw information for Johnson Eric.

Douglas, a resident of Maria Luisa Estate Park, Banilad, Cebu City and a stockholder of the Ludo and Luym Development Corporation alleged that the five respondents helped each other with intent to falsify a document.

Andrino earlier ordered the release of the accused after they posted a cash bond on February 17, 2012.

Andrino recommended P12,000 bail for John, Evelyn, Raquel and Erlinda’s temporary liberty and P24,000 for Johnson Eric for two counts of falsification of private documents.

Douglas in his complaint said that in the minutes of the August 20, 2008 meeting, respondents “made it appear that they had authority to arrogate unto themselves the custody and control over and convey all the properties of Ludodev” by approving Board Resolution dated August 27, 2008.

Douglas also alleged that on October 27, 2009, Johnson Eric allegedly falsified a private document consisting of a letter addressed to the Register of Deeds in Cebu City by “misrepresenting himself as trustee or duly authorized representative of the corporation.” (FREEMAN)