GUILTY OR NOT? Ex-mayor, daughter enter no plea in estafa arraignment

Mayor Jocelyn “Joy” Legaspi Posadas of Valderrama, Antique and daughter Charmaine Joy Posadas Filarmeo – both lawyers – face a disbarment complaint before the Integrated Bar of the Philippines.

ILOILO City – The mother-daughter legal tandem accused of misappropriating a total of P11 million refused to enter a plea during their arraignment for estafa, prompting the Iloilo City Municipal Trial Court to enter a “not guilty” plea for them.

Valderrama, Antique former mayor Atty. Jocelyn “Joy” Legaspi Posadas and daughter Atty. Charmaine Joy Posadas Filarmeo were present during the arraignment for the estafa case filed by former client, Solexar Energy International, Inc.

Both received several vouchers amounting to a total of P22 million, P11 million of which remained unaccounted and unreturned, complained Solexar.

According to the Information filed in court, Posadas and Filarmeo, “far from complying with their duty and obligation, with grave abuse of confidence…converted and misappropriated the money to their personal use and benefit. Despite repeated demands made…for the return of the money, they still fail and refuse to do so.”

In its complaint, Solexar alleged that Posadas, Attorney V in the Department of Agrarian Reform (DAR) before becoming mayor, learned that it was looking for a lawyer for the conversion of a 55-hectare agricultural land for the construction of a solar power plant in Tigbauan, Iloilo; Solexar’s former board member Dr. Louie Tirador introduced Posadas who then offered her services through the law firm of her daughter, Filarmeo.

Posadas’ daughter signed the agreement even though it was Posadas who received the money and signed the vouchers, according to Solexar.

As Attorney V in the DAR during that time, Posadas was prohibited from engaging in private practice, Solexar stated.

Two of the vouchers issued were for the amounts of P1 million and P500,000 intended as payment for land conversion at DAR and property tax for the land to be used as project site, according to Solexar.

The scheduled arraignment was ordinarily for the reading of the Information but mother and daughter requested not to read the Information publicly.

Following the Rules of Court, a plea of “not guilty” was entered by the court for their refusal to enter a “guilty” or “not guilty” plea.

The arraignment was finally pushed through after several delays and re-raffle for inhibitions made from Branches 4, 2 and 8 of the Iloilo City Municipal Trial Court. Other estafa cases are lodged before the Iloilo City Regional Trial Court.

Posadas and Filarmeo are also facing charges before the Office of the Ombudsman for violation of the Anti-Graft and Corrupt Practices Act and a Disbarment case before the Integrated Bar of the Philippines.

According to Solexar, the failure of Posadas and her daughter to account and return its money violate the Code of Professional Responsibility and their oaths as lawyers.

A hold departure order has also been issued against the two by the Iloilo City Regional Trial Court to prevent them from leaving the country and escape prosecution./PN

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