MANILA, Philippines – The entire board of directors of a Lopez holding company controlling the Manila Electric Co. (Meralco) was charged with malicious prosecution by the chief counsel of the Government Service Insurance System (GSIS) yesterday.
Charged before the Department of Justice were First Philippine Holdings Corp. (FPHC) board members Oscar Lopez, Elpidio Ibanez, Jose de Jesus, Federico Lopez, Augusto Almeda-Lopez, Thelmo Cunanan, Eugenio Lopez III, Manuel Lopez, Ernesto Rufino Jr., Peter Garrucho Jr., Cesar Bautista, Oscar Hilado, Artemio Panganiban, Vicente Paterno and Washington Sycip.
In her complaint, Estrella Elamparo, GSIS chief counsel, said the charges filed by FPHC with the Office of the Ombudsman against her and GSIS president and general manager Winston Garcia did not allege facts to show the existence of any conspiracy to commit graft.
The FPHC’s basis in accusing her and Garcia of conspiring with SEC officials to take over Meralco was “driven by malice and gross bad faith,” she added.
Elamparo said malicious prosecution is punishable under Section 35 of Republic Act 6770, the Ombudsman Act.
“It is defined as the ‘act of any person who actuated by malice or gross bad faith, files a completely unwarranted or false complaint against any government official or employee,’” read the complaint.
“Malicious prosecution is punishable by a month-long imprisonment and a fine of P5,000,” it added.
Meanwhile, Elamparo said the Office of the Ombudsman should suspend criminal proceedings on the complaint filed by FPHC until the Supreme Court resolved the petition for certiorari and prohibition on the Court of Appeals’ decision on the Meralco case.
“It is clear that respondents’ complaint presents a prejudicial question which requires the prior resolution of the case pending before the Supreme Court before any determination of guilt, if any, on the part of the respondents may be had in said criminal complaint,” she said.
Last Wednesday, the FPHC charged before the Office of the Ombudsman Elamparo, Garcia, and Commissioners Jesus Martinez and Hubert Guevara of the Securities and Exchange Commission of conspiring to ensure that GSIS would obtain more seats in the Meralco board to the prejudice and damage of the holding company.
Garcia did not sue FPHC.
The FPHC and GSIS are major stockholders of Meralco. – Mike Frialde