THE Quezon City Prosecutors Office has approved the filing of criminal complaints against a man claiming to be the corporate secretary of Harbour Centre Port Terminal Inc. (HCPTI), a port terminal facility in Manila.
In a seven-page resolution, Acting City Prosecutor of Quezon City Ferdinand Fernandez found probable cause to file five counts of falsification of public documents and perjury against Jerome Canlas.
Canlas was ordered criminally charged based on the complaint filed by Edwin Jeremillo and Edwin Joseph Galvez, corporate officers of HCPTI.
The two were previously slapped with four separate complaints for qualified theft by Canlas. He claimed that he was authorized by HCPTI to file the complaint.
As part of his complaint, Canlas submitted documents such as the Secretary’s Certificate indicating he was authorized to file the complaint against the two and the General Information Sheet, among others.
“There is sufficient evidence to conclude the crimes of falsification of public document…and perjury…have been committed” by Canlas.
The prosecutor said Canlas “made untruthful statements in narration of facts in the Complaints-Affidavits, Secretary’s Certificate, and General Information Sheet of HCPTI subject of the consolidated complaints.”
The prosecutor said Canlas failed to include Harbour Holdings on the list of stockholders in the General Information Sheet that he attached when he filed the complaint against the two.
But based on the same General Information Sheet from the Securities and Exchange Commission (SEC), Harbour Holdings is the majority stockholder of HCPTI.
Instead, R-II Builders Inc. and R-II Holdings Inc. were listed as HCPTI stockholders, the resolution said.
The prosecutor noted that since Harbour Holdings has not transferred its shares in HCPTI over to R-II Builders Inc. and R-II Holdings Inc., Harbour Holdings remains as a stockholder of HCPTI.
“Now, were respondent Canlas’ statements as to the list of stockholders of HCPTI in the General Information Sheet untrue? Indeed, they were,” the resolution read.
“Were these untrue statements deliberately and willfully made? Again, the answer is yes. Pointedly, (Canlas) has not shown any material proof that Harbour Holdings is no longer a majority stockholder of HCPTI,” the resolution stated.
“All the evidence lies against respondent, which evidence shows that he knows he was not appointed by the Board of Directors controlled by Harbour Holdings, for in fact, despite knowing that Harbour Holdings is the majority stockholder of HCPTI and ultimately controls the Board of Directors of the said corporation, he even attempts to eradicate such fact by filing the utterly false General Information Sheet,” the resolution noted.
The prosecutor noted that his resolution is consistent with the order issued on May 6, 2015 by the Regional Trial Court of Manila where it recognized Harbour Holdings ownership of 68. 11 percent shareholdings in the HCPTI and effectively rejecting Canlas’ claim.
“These rulings of the Honorable Office are binding, or at the very least highly persuasive, in these consolidated cases,” the Prosecutor stated.