Gonzalez orders prosecutors to resolve cases within 60 days

Justice Secretary Raul Gonzalez ordered government prosecutors nationwide yesterday to resolve all pending cases before them within 60 days from the day the complaint was filed.

The directive comes after a company executive asked the Department of Justice to order the Pasig prosecutor to immediately resolve a P100-million estafa case that he had filed against a businessman.

"I don’t need to remind them of this mandatory requirement," Gonzalez said. "It is the duty of the prosecutors to submit findings (in) no more than 60 days."

Last week, Louie Turgo, administrative and general affairs executive of the Star Infrastructure Development Corp. (SIDC), filed the complaint against businessman Cesar Quiambao for allegedly misusing more than P100 million company funds when he was the firm’s chief executive officer and treasurer from 1997 to 2004.

"Quiambao’s diversion of SIDC funds is a systematic plunder of the corporation’s funds," he said.

Turgo accused Quiambao of diverting the bulk of SIDC funds to his relatives and to the corporations that he controlled without the approval of the SIDC board.

The fund diversions were reported in the external audit conducted by SGV, an accounting firm, he added.

In his complaint, Turgo said Quiambao, as treasurer of SIDC, ordered the unauthorized release of P46 million to Strategic Alliance Holdings Inc. (SAHI), a company principally owned and controlled by Quiambao.

The funds were allegedly justified as "advances to affiliates," although SIDC claimed that SAHI had no business dealings with it, nor had done any work for Turgo, he added.

Turgo said in these fund disbursements, Quiambao allegedly received the money himself or coursed this through the SAHI Export and Industry Bank, which Quiambao controlled.

Quiambao allegedly ordered the release of P1.546 million in favor of the Strategic Alliance Development Corp. (STRADEC) as "finance charges" for the use of a property for collateral in a loan obtained by STRADEC, he added.

A second complaint said Quiambao directed the release of P23.935 million recorded in SIDC books as "pre-payment for future work," plus P350,000 as "pre-paid work due."

SIDC said the STRADEC, Quiambao’s controlled corporation, was a sub-contractor of SIDC in the latter’s Star Tollway Project in Batangas.

Quiambao also allegedly directed the release in his favor of P11.250 million as repayment of an SIDC loan that did not exist.

"(Quiambao) did not attach or refer to any documentation or written evidence of indebtedness when he caused the preparation of the check vouchers directing the release of SIDC funds to him," read the complaint.

"He (Quiambao) authorized the release himself, without any supporting resolution or authority from the SIDC board of directors."

In another complaint, Quiambao was accused of causing P13.307 million to be charged to SIDC under various expense categories without the required resolution or authorization from the SIDC’s board.

This include the P2.253 million for the golf tournament expenses, where the check vouchers and checks bore Quiambao’s signature, but were payable to cash and withdrawn by two of his relatives, namely, Roberto Quiambao and Daniel Quiambao.

Another item was allegedly for a P1.684 million development fee in favor of STRADEC with no agreement or any documentation.

The other disbursements allegedly made by Quiambao include the P243,112 representing capital gains and documentary stamp taxes for the purchase of land which are also payable to Roberto Quiambao, although the deed of sale showed that the seller would bear taxes amounting to P906,210 as pre-operating expenses with no supporting documentation and P720,050 as payment of documentary stamps and notarial fee with respect to a bank loan.

Quiambao also allegedly approved the release of funds to himself and signed the check he issued to himself and these are all without any authority from the SIDC board.

The SIDC said Quiambao also ordered the release to himself, without any supporting documents, of P500,000 as reimbursement for alleged costs associated with the performance board required in relation to a tollway project in Batangas.