THE Office of the City Prosecutor in Mandaluyong has junked Philodrill Corp.’s bid to revive the case for attempted estafa it filed against its former president Francisco A. Navarro.
On Tuesday, Philodrill told the stock exchange it received a copy of the resolution penned by Senior State Prosecutor Arnold L. Magpantay of the Office of the City Prosecutor, Mandaluyong City, denying the company’s motion for reconsideration on the case’s dismissal due to lack of merit.
The development followed the prosecutor’s recommendation earlier this year for the dismissal of the case for lack of probable cause. Mr. Magpantay penned the previous resolution, which Philodrill received on Jan. 5.
Philodrill and Reynaldo E. Nazarea, its treasurer, vice-president for administration and director, filed the complaint against Mr. Navarro on Sept. 15, 2017 for violation of the Revised Penal Code, Article 315 (1)(a), for attempted estafa.
The complainants said they had filed the case when Mr. Navarro demanded payment of his supposed “special retirement package,” coupled with a threat that cases will be filed against the company if his demands were not complied with.
“The NLRC (National Labor Relation Commission), through Labor Arbiter Hernandez already ruled that the claim of Mr. Navarro has no basis. As such, Mr. Navarro was acting under false pretenses,” Philodrill said in its description of the legal proceeding.
On Feb. 1, Philodrill said the decision of the labor arbiter had been reversed and set aside by the Fourth Division of the NLRC after an appeal filed by Mr. Navarro.
A new decision ordered Philodrill to pay the complainant special retirement pay amounting to P17.839 million. Mr. Navarro had claimed special retirement benefits amounting to P19.893 million, profit share of around P1.392 million and litigation expenses of at least P2.128 million. He had also claimed moral and exemplary damages amounting to P20 million.
Philodrill believes these claims are without basis, as Mr. Navarro has been paid his full retirement benefits in accordance with the company’s approved retirement plan. It also said he had executed a quit-claim document.
On Feb. 8, Philodrill said it had filed a motion for reconsideration on the decision of NLRC’s Fourth Division. — Victor V. Saulon
