MANILA, Philippines?The Department of Justice (DoJ) ordered the Makati Prosecutors Office to immediately withdraw the criminal case filed against actor Philip Salvador and his brother Ramon for allegedly running off with an estimated P15-million.
In his seven-page resolution dated 29 June 2010, acting Justice Secretary Alberto Agra said there is not enough evidence to pursue the case of estafa and falsification of private documents.
The complaint was filed by Cristina Castillo Decena who owned a school in Bulacan. In a sworn statement, Decena said she met Philip sometime in December 2000 through a common friend, Dr. Natividad Aquino. Philip then befriended her and even agreed to host school events in the St. Ezekiel School in Malolos, Bulacan, which Decena owned.
Money between Decena and Philip first changed hands in the May 2001 elections, according to Decena, when Philip ran for vice mayor of Mandaluyong City.
Then, in August 2001, Philip borrowed P5 million. He used a condominium unit in Unit 14-B Pinnacle Condominium in Barangay (village) Wack-Wack, Mandaluyong City, under the name of Kristina Bernadette C. Aquino as collateral, who in a separate meeting with Decena said that her signature was forged.
Decena said Salvador claimed that "he is the one paying for the amortization of the condominium unit but that it was not in his name because his petition seeking the annulment of his marriage to Sony Dabao was still pending."
The money was transferred to Philip's bank account on August 17, 2001 through a bank in Parañaque City.
Decena said Philip later said he needed another P10 million on top of the P5 million to pay off a loan and give the balance to Aquino.
Despite receipt of the P15 million, Salvador still failed to deliver the title for the condominium unit in Pinnacle but came up with a special power of attorney, real estate mortgage, and the promised deed of sale.
Salvador later admitted that the money "was used to instead to pay other debts."
After Philip failed to produce the title to the condominium unit, Decena said Philip offered three movie contracts with Regal Films, Seiko Films, and Viva Films suggesting that the contacts would enable him to pay off his debt to her.
Agra, in the resolution said Decena, being a person engaged in lending business could not possibly be a victim twice of verbal undertakings?one P5 -million and another P10-million loan.
Agra added that the acknowledgment receipt for the P15-million has been spliced and the actor only signed at the left margin of the receipt.
?This gives credence to the claim of Philip and Ramon that she cut out the paper on which the receipt was written from a page of a copy of the articles of incorporation of the Philip Reyes Scholarship Foundation Inc., a copy of the articles shows that the incorporators, including Philip, signed at the left margins of the articles of incorporation and Philip?s signature happened to fall opposite some unfilled blank spaces,? Agra said.
Agra did not also give credence to the testimony of Denny Krizel Decena, complainant?s daughter, that she saw her mother gave the P10million to Salvador.
?Cristina (the mother) herself said in her complaint-affidavit that only she and Philip were present at that time. Cristina even submitted a certified copy of the security guard?s logbook that shows that only her and Philip who arrived at the condominium building and left it,? Agra said.
Agra added that while the complainant said she immediately demanded the payment of P15 million, she waited two years and three months later before filing the complaint for estafa and falsification.
?This long delay, coupled with the fact that she filed this case only after Philip left her for another woman, makes it difficult for us to believe her claim,? Agra said.