ORMOC CITY – Two exec-utives of the Metro-Ormoc Community Multi-pur-pose Cooperative (OCCCI) who have been indicted for qualified theft/estafa and violation of the Cooperative Code of the Philippines are asking for the deferment of the filing of information against them in court, after the City Prosecutor’s Office here denied their motion for reconsideration.
Mizpah Aira Taala and Arvin Villena filed the motion with the Prosecutor’s Office this week, say-ing they would be filing a Petition for Review with the Department of Justice. They reportedly still had until July 26 to file the peti-tion.
The filing of information in court against the two would lead to the issuance of an arrest warrant.
The case stems from a com-plaint of estafa/qualified theft and violation of the Cooperative Code of the Philippines by Atty. Adelito Solibaga Jr., formerly the legal consultant of the coopera-tive, in behalf of himself and 13 other OCCCI members. Solibaga and the members have since been terminated as members of OCCCI. The controversy stems from the sale of OCCCI acquired assets, of got commissions.
In their motion to have the filing of information deferred, the two OCCCI execs claimed that Solibaga is not an offended party and that he did not have the authority of OCCCI to file a complaint.
Represented by OCCCI lawyer Collin N. Rossell, they also criticized the handling prosecutor for allegedly giving “so much weight” on the evidence provided by Solibaga. These are copies of the cash disbursement vouchers which they claimed were “private documents and the source is not verified and authenticated.”
The handling prosecutor of the complaint is Atty. Erwin Pedrosa, assistant city fiscal.
“In the eyes and judgment of the Prosecutor in this case, the said unverified and unauthenticated CDVs overwhelmingly outweigh and overturn all” the documents the respondents produced. The respondents accused the prosecutor of “nitpicking by highlighting inconsistencies