NextGen Day

MANILA – The Sandiganbayan dismissed charges against employees of a Land Bank of the Philippines (LBP) branch in Marikina City who were accused 24 years ago of defrauding a government retiree of her gratuity pay by creating a fictitious bank account in her name.

Emelyn Pizarro, cashier of LBP Concepcion branch bank, Hendrei Soriaga, teller Danilo Panaguiton, and document examiner Ricardo Espino were acquitted by the anti-graft court’s Fourth Division in a decision dated March 25.

The court ordered that the case against their boss, former branch bank manager Eric Emmanuel Pineda, who is still at large, be archived until the court establishes jurisdiction over him.

The court dismissed the charges because the prosecution failed to present the complainant, retired Pasig City treasurer’s office revenue collection officer Marina M. Coronel, to corroborate her allegations and testify about the circumstances surrounding the allegations.

Coronel, who retired on Jan. 23, 1998, stated that the proceeds of a check drawn in her name for PHP364,892 in gratuity pay were withdrawn on Oct. 15, 1998, via a bogus account in her name that she did not open.

While the prosecution presented evidence of the transactions, including testimony from a document examiner with the Philippine National Police, the court stated that the prosecution did not establish that the workers were guilty of gross inexcusable negligence.

The court added that, even if notarized and classified as public documents, the complainant’s affidavits are considered hearsay evidence when the affiant fails to appear in court to identify, affirm, and confirm the statement, and when the other party is not given an opportunity to cross-examine.

Additionally, it noted that while the complainant’s affidavit contains a narration, it lacks any statements implying wrongdoing on the part of any of the accused.

“Rather than that, it appears as though the private complainant intended only to accuse a certain Lita Pasumbal of the wrongful release of her gratuity check,” the court stated.

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