In this undated file photo, chair Kazuo Okada poses for the camera as he gives the public a glimpse of what they can expect from the newest and largest integrated resort complex in the Philippines.
MANILA, Philippines — The Court of Appeals (CA) has granted the plea of Japanese businessman Kazuo Okada and ordered the dismissal of the criminal case filed against him.
In a 24-page decision promulgated December 9, 2021, but made public only recently, the CA’s 16th Division said the Parañaque Regional Trial Court (RTC) has committed grave abuse of discretion when it issued a warrant of arrest against Okada and his associate, Takahiro Usui, despite the absence of probable cause.
“We find that the lower court acted with grave abuse of discretion in issuing the warrants of arrest against petitioner (Okada) and Usui despite the clear absence of probable cause against them,” the court said through Associate Justice Alfredo Ampuan.
The case is about a 2017 estafa complaint filed by Tiger Resort Leisure and Entertainment Inc. (TRLEI), owner and operator of Okada in Manila against Okada, its former chairman and CEO, and Usui, its former COO.
In 2018, government prosecutors filed before the trial court three counts of estafa against Okada and Usui for misappropriation of company funds allegedly committed when Okada was chairman and CEO of TRLEI, and Usui was its COO.
Okada took his case before the CA after his motions have been denied by the Parañaque RTC.
The appeals court, in its ruling, said “there was no misappropriation or conversion by Mr. Okada of the money received” as it noted that the received money was in the form of consultancy fees and salary.
“In this case, apart from the procedural defect of failing to issue an order explaining his finding of probable cause, the lower court likewise gravely abused its discretion in issuing the warrant of arrest when the records suggest that there is no probable cause to indict petition and Usui of the crime charged against them,” the CA said.
The CA ruling was concurred by Associate Justices Bonifacio Pascua and Pedro Corales.
RELATED STORIES
DOJ to file estafa raps vs Okada, ex-hotel exec
Court orders arrest of gaming mogul Okada