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Friday, March 29, 2024

NBI seeks Interpol help

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The National Bureau of Investigation has asked the assistance of the International Police for the immediate arrest and extradition of two Indonesians who are facing trial for qualified theft case filed by the infrastructure unit of San Miguel Corp. before the Marikina City Regional Trial Court.            

In a report to the Department of Justice, NBI Deputy Director for Forensics Services and concurrent Chief of the bureau’s International Operations Division Ferdinand Lavin said the agency has officially requested Undesecretary Allan C. Guisihan, head of Interpol National Central Bureau Manila, to issue a “red notice” against Indonesian businessman Ery Shadik Wahono and Ms. Nadiya W. Stamboel, who both have standing warrants of arrest issued by the Marikina City court.            

Lavin said the issuance of a red notice against the two Indonesians will alert all Interpol member-countries to locate and apprehend the fugitives for their eventual extradition to the Philippines to face the criminal charges filed against them.            

The request for the issuance of a red notice stemmed from the complaint made by San Miguel Holdings Corp. seeking assistance in securing the arrest of the two Indonesians.

Wahono and Stamboel were charged with qualified theft before the Marikina City RTC for allegedly causing Citra Metro Manila Tollways Corp., which was jointly owned then by SMHC and Wahono, to make an unauthorized disbursement, which he then used to incorporate another company called Citra Central Expressway Corp.

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The SMHC accused Wahono for the alleged unauthorized disbursement of P50 million in funds of CMMTC, where both SMHC and Wahono were major shareholders.

SMHC’s complaint said the transfer of money was as a “loan” from CMMTC to Wahono’s PT Citra Lamtoro Gung Persad, used for the incorporation of CCEC.

Wahono subsequently entered into a separate partnership with SMHC for CCEC to undertake the Skyway Stage 3 project.

However, SMHC said it did not know that Wahono got the money from CMMTC to fund the establishment of CCEC.

SMHC added that Wahono and her co-accused did not notify the CMMTC Board and shareholders about the alleged loan. Consequently, there was also no Board approval for the loan.

The company added that CMMTC was expressly barred by its contractual obligations from extending any form of loan.

SMHC said because Wahono and company kept the allegedly unauthorized disbursement secret, and it was duped into paying Wahono and company the same amount of money that it allegedly disbursed from CMMTC when SMHC bought into CCEC later on.

Aside from qualified theft, Wahono is also facing P50 million estafa complaint filed by SMHC before the Department of Justice. 

Under strict orders from NBI Director Dante A. Gieran, operatives of NBI-IOD served the warrant of arrest on July 14, 2017 against Wahono at his known address in Rockwell Center in Makati City. However, Wahono was not apprehended because he was no longer staying in his condo unit for the past four months.            

The NBI also failed to arrest Stamboel when they served the warrant at her residence in Renaissance 3000 in Pasig City since she has already left the country in May 2017 and has not returned since.

Records also showed that Wahono arrived in the Philippines on October 21, 2014, but with no date of departure while Stamboel arrived in the country on May 5, 2017 and departed on May 17, 2017.            

Last week, the DOJ through investigating fiscal, Senior Assistant State Prosecutor Ma. Emilia Victoria, terminated its preliminary investigation into the P50 million estafa complaint filed by SMHC against him and his company.            

Victoria said Wahono, through his counsel, filed his counter-affidavit in the last preliminary investigation hearing on the case filed by SMHC.

Victoria said the case is now submitted for resolution after SMHC manifested during the hearing that it would no longer file its rejoinder to Wahono’s counter-affidavit.            

In its complaint, SMHC accused Wahono of misrepresenting his company, PT Citra Lamtoro Gung Persada (CLGP), as the legal owner of Citra Central Expressway Corp shares that it acquired.

SMHC claimed that the CLGP cannot be the legal and beneficial owner of such shares since the subscription price was actually paid for by Citra Metro Manila Tollways Corp. (CMMTC) funds of which SMHC was also a beneficial owner at that time.

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