ILOILO City – The Regional Trial Court 6, Branch 28 here recently reversed its April 14, 2020 decision convicting Ilonggo businessman Bernie Miaque for estafa.
Judge Jose Mauricio Gomez granted the motion for reconsideration filed by Miaque whom the court convicted for estafa stemming from a vehicle sale transaction made with businessman Angel “Nonoy” De Leon Jr., president of micro-finance organization Taytay sa Kauswagan Inc. (TSKI) in September 2004.
“…(T)he motion for reconsideration is granted. The Order of arrest dated 15 September 2020 is hereby reconsidered and set aside. The warrant of arrest issued is hereby lifted and recalled,” the latest decision dated Feb. 9, 2021 read.
TSKI accused Miaque of “using false pretenses” and “employing fraudulent means” to sell a vehicle “by representing himself to be the lawful owner” of it, and that the vehicle was “free from all liens and encumbrances” when the motor vehicle was actually “encumbered in favor of BASECO Finance Corp.”
According to the court, however, “there (was) no showing on the part of Miaque that he tried to persuade De Leon to believe that the vehicle was free from any liens and encumbrances, by means of any words, acts or deeds or other positive assertions.”
“In fact, it was only the complainant who believed that the certificate of registration presented to him was free from liens and encumbrances,” noted the court.
The court said De Leon based his belief on the face of the document itself without Miaque assuring him of the same.
“This is further bolstered by his (De Leon’s) affidavit of desistance claiming that the liability of the accused is only civil in nature,” the court decision further stated.
The court ruled that these were substantial enough to warrant the reconsideration prayed for by Miaque.
“The absence of deceit coupled with the affidavit of desistance of the private complainant affirming that the liability of the accused is only civil in nature had created reasonable doubt in the mind of this court,” the decision pointed out.
While affidavits of desistance or recantation alone could not be the bases for the dismissal of a case or the acquittal of an accused, Judge Gomez pointed out that when there are other circumstances presented in the case, it can be considered along with it.
As far as the civil aspect of the case, such affidavit constitutes a waiver for any claim of civil damages, the court added.
The affidavit of desistance executed by De Leon was signed by lawyer Pablo “Bebot” Nava, TSKI corporate secretary, who is also private prosecutor in the case.
In a statement, Miaque thanked businessman Stevie Tajanglangit III, an incumbent trustee of TSKI, for his “all-out support” on the case.
Tajanglangit helped convince the TSKI board of trustees to withdraw the case against Miaque.
“After so many harassment criminal cases that I was subjected to in the past, this case was my first conviction, not necessarily that I am guilty as charged,” Miaque said in a statement./PN
