QC court dismisses case vs WellMed officials for ‘lack of jurisdiction’
Credit to Author: jespinosa| Date: Mon, 05 Aug 2019 06:01:58 +0000
MANILA, Philippines — The Quezon City Regional Trial Court (RTC) dismissed on technicality the criminal complaint filed against the owner and officers of WellMed Dialysis and Laboratory Center who were accused of getting payment claims for “ghost dialysis” sessions from the Philippine Health Insurance Corporation.
In a 14 page decision, the Quezon City RTC Branch 219 dismissed the case for lack of jurisdiction, saying the information should have been filed before a Metropolitan Trial Court since the offenses involved only carried a maximum jail term of six years.
“These cases are DISMISSED for lack of jurisdiction over the offenses charged without prejudice to refiling before the Metropolitan Trial Court of Quezon City,” QCRTC Branch 219 Presiding Judge Janet Abergos-Samar said.
The Court clarified that the dismissal of the case “has nothing to do with the guilt or innocence of the accused.”
“The cases are dismissed because based on the crime charged in the Information (charge sheet) and the applicable penalty, it is not the Regional Trial Court which has jurisdiction to hear and decide the cases but the first level courts or the Metropolitan Trial Courts,” she added.
“The accused may still be prosecuted, and the cases may still be filed, before the said courts notwithstanding the dismissal decreed herein,” she added.
In her August 5 ruling, she granted the motion to quash in all 17 cases of estafa through falsification of public and/or official documents.
The motion to quash was filed by Wellmed Vice President Bryan Sy, who was among the respondents in the case along with his former employees Edwin Roberto and Liezel Aileen De Leon, who blew the whistle on the alleged irregularities.
In her ruling, Samar said that under court rules, first level courts have exclusive jurisdiction over offenses punishable with imprisonment not exceeding six years.
The maximum penalty for estafa through falsification of public and/or official documents six years’ imprisonment because the amount in each count did not exceed P40,000. /je
