A Manila City court has ordered the arrest of a disbarred lawyer following his indictment by the Manila City Prosecutor’s Office for falsification of public documents and use of falsified documents on two counts.
In the order, a copy of which was furnished to the Department of Justice, Presiding Judge Anne Perpetual Rivera-Sia of Manila City Metropolitan Trial Court, Branch 12, issued a warrant commanding law enforcers to arrest Bede Tabalingcos who stands charged for use of falsified documents and falsification of public documents filed by Uniwide Sales Warehouse Club Inc.
The warrant of arrest was issued after finding probable cause to the complaint filed by the Manila Prosecutor’s Office holding Tabalingcos criminally liable for committing the alleged crimes.
In a recent resolution approved by Manila City Prosecutor Edward M. Togonon, Assistant City Prosecutor Nestle A. Go found sufficient basis to the complaint filed by USWCI chairman Jimmy Gow accusing Tabalingcos of falsifying public documents and use of falsified documents.
The case stemmed from Tabalingcos’ unauthorized filing of a petition before the Court of Appeals, not only without authority or approval from the USWCI chairman, but also for falsifying the signatures of Eleonor J. Padagdag of Woodworth Realty Co. in the supposed “special power of attorney” authorizing lawyer Tomas Caspe to file the petition. The respondent also forged the signature of Caspe in the petition for review filed with the appellate court, to the prejudice of the USWCI interest.
“Upon a thorough evaluation of the complaint, the undersigned (prosecutor) finds sufficient reason to engender a well-founded belief that probable cause exists for the crime charged . . . In light of the foregoing, the undersigned respectfully recommends the filing of information against Bede Tabalingcos for one count of falsification of public documents . . . and two counts of use of falsified documents committed against the complainant,” the resolution stated.
The investigating fiscal stressed that the conclusion was bolstered by the existence of falsified signatures, as supported by certification confirming the falsity, in the documents submitted by the complainant on the respondent’s alleged unauthorized filing of a petition for review before the Court of Appeals purportedly in behalf of Woodworth Realty Co., which is docketed as CA-GR SP No. 130730, Woodworth Realty Co. vs Securities and Exchange Commission.
The prosecutor noted that the complainant, being the aggrieved party, also filed a petition for review with the appellate court questioning the decision of the SEC in dissolving and liquidating five corporations when what petitioners filed was for suspension of payments and rehabilitation of their corporate assets in USWCI vs SEC docketed as CA-GR SP 130736.
On April 13, 2016, complainant received a resolution from the appellate court in CA-GR SP No. 130736 dismissing its petition on the ground of forum-shopping due to the earlier filing by Tabalingcos of a similar petition for review in CA-GR SP 130730, which has already been dismissed.
“Since the documents falsified by respondent like the Special Power of Attorney and Secretary’s Certificate have been duly notarized and the petition for review was submitted before the Court of Appeals, these documents are classified as public documents. It therefore necessarily follows that their falsification constitutes violation of public trust and the falsifier should be held accountable therefore,” the resolution stated.
“Corollary thereto, although it was not the signature of complainant that was falsified by respondent, the interest of complainant had been adversely affected by such falsification, since the filing of unauthorized petition (referring to CA-GR SP. No 130730) by respondent before the Court of Appeals and the subsequent dismissal of complainant’s petition for review (CA-GR SP No. 130736) on ground of forum-shopping greatly prejudiced the personal and business interest of complainants,” the investigating fiscal stressed.
The complainant also said that Tabalingcos continued to represent himself as a licensed lawyer in 2013 when the Supreme Court had ordered his disbarment on July 10, 2012, “for engaging in bigamy, a grossly immoral conduct.”
