Makati court upholds jail term for Amalia's ex-husband

MANILA, Philippines - A Makati City court has affirmed the conviction of the estranged husband of actress Amalia Fuentes for failing to remit the Social Security System (SSS) contributions of employees.

Joseph Stevens, president of the defunct Imperial Insurance Co., and vice president Florita Suba were sentenced to at least three years in prison last year for violating the SSS Law.

Their appeal was dismissed by Regional Trial Court Judge Perpetua Atai-Pano in an order dated June 8.

Stevens and Suba were charged with two counts of estafa in 2002 by underwriting manager Helen Gonzales and assistant vice president for finance Evangeline Galban.

Makati Metropolitan Trial Court Judge Joselito Calpatura convicted them on two counts of violation of the SSS Law, rather than estafa, on March 22, 2010. They were meted a maximum jail term of up to two years and 11 months on the first count, and one year and eight months on the second count.

They were also told to pay P924 to the SSS, plus interest and penalties, representing the balance of Galban’s and Gonzales’ unremitted contributions since they filed charges.

Stevens and Suba, in their motion for reconsideration, cited double jeopardy as their defense, saying the charges should have been dismissed because they were accused and arraigned for the same offense in January 2001.

They also said the SSS condonation program for delinquent employers, which took effect in 2009, covered them.

Pano, however, said double jeopardy cannot be applied because “the accused has not been convicted or acquitted in a judgment or the case against him was terminated or dismissed with his express consent.”

He also said Steven and Suba did not comply with the conditions of the SSS condonation program. They only presented bank receipts as proof of payment rather than an SSS certificate attesting that they have settled their obligations.

Pano said even if they had settled their obligation, it “alone does not extinguish criminal liability.”