MANILA, Philippines?Charges have been formally filed at a Quezon City court against the wife of a TV host-comedian who allegedly issued more than P300,000 in unfunded checks to pay for a parcel of land in 2008.
Three counts of violation of Batas Pambansa 22 or the Anti Bouncing Check law were lodged against Annalyn Manalo, wife of comedian Jose Manalo, at the Quezon City Metropolitan Trial Court.
Manalo also facing one count of estafa (fraud) in the Quezon City Regional Trial Court as both charges were based on a complaint by Purificacion Nayve, with whom Manalo dealt in 2008.
In separate indictments, assistant city prosecutor Veronica Pagayatan found merit in Nayve?s complaint as she found probable cause to charge Manalo in court.
In her two-page resolution, Pagayatan explained that even as Nayve?s daughter Gladys Nayve-Davantes filed a motion to dismiss the complaint and entered into a compromise with Manalo, the act was not ?legally binding? as Davantes acted ?without authority.?
The assistant city prosecutor pointed out that Davantes, though issued a special power of attorney, was not authorized to initiate such an agreement as the SPA specified that Davantes could only enter into a settlement in a case that she herself had filed.
It was Nayve and not Davantes who filed the case, Pagayatan said.
?It is therefore clear that when Davantes entered into a compromise agreement with Manalo, she acted without authority,? Pagayatan said in her resolution.
Nayve, in her complaint, alleged that in July 2008 Manalo issued to her two postdated checks for P172,974.58 each to pay for a parcel of land covered by a deed of sale, but the checks were dishonored by the bank.
Likewise, Nayve also alleged that in June 2008, the respondent entered into a deed of sale involving a parcel of land owned by Nayve?s sister, Anne Marie Dizon, and that Manalo allegedly issued a check for P42,000 which was also dishonored.
Nayve was in Japan when her daughter and Nayve?s former lawyer Antonio Malasig filed a motion to dismiss the case against Manalo in March 2009.
The complainant then sought to reopen the case in June 2009, saying her daughter acted without due authority.
Manalo, for her part, claimed that the motion to reopen the case was filed more than 60 days after the motion to dismiss was filed, and added that she had already paid close to P400,000 as stipulated in the compromise.
Pagayatan noted, however, noted that the agreement was ?not binding upon and cannot be executed? against Nayve, and not even Nayve?s ex lawyer could bind Nayve to the compromise because he had no special authority.
The assistant city prosecutor added that there was probable cause to charge Manalo with estafa and three counts of violation of Batas Pambansa 22.
?There is no dispute regarding the fact that respondent issued the subject checks. There is likewise, probable cause to charge respondent with the crime of estafa as all the basic elements were shown to exist,? Pagayatan said.
The Inquirer contacted Malou Fagar, an executive of the noontime television variety show Eat Bulaga where Jose Manalo works for comment, but all she said was that she would check.