Makati prosecutor orders release of 10 persons in call diversion case

The Makati City Prosecutor’s Office has ordered the release for further investigation 10 individuals after the police failed to present evidence that they are involved in interfering with the normal transmission of calls to make it appear that the international call is a local call causing damage to a giant telecoms company.

In an order written by Senior Assistant City Prosecutor Billy Evangelista and approved by Deputy City Prosecutor Christopher Garvida, ordered release for further investigation are Bonna Bustilla Salamat, Fea Alyana Juarez Viray, Neil Stevens Cruz, Mark Neil Kalingking Sta. Catalina, Ashley Caranto Solomon, Keith Morissey Manuntag, Edna Dauita Atcha, Ma. Ellaine Claveria Garcia, Jackilyn Castor Acha and Lamberto Cabanayan Taguiped.

Only Yusuke Otani has been ordered charged in court for violation of Republic Act 10175 or the Cybercrime Prevention Act of 2012. Otani is a stockholder and member of the board of Techresource Inc., a company involved in billing services and software development.

Authorities from the Office of the Anti-Cybercrime Operations and Training Division of the Philippine National Police (ACOTD-PNP) conducted a raid last May 2 following the complaint from Globe Telecom and arrested Otani and the other employees.

Authorities said the respondents were seen typing on their computers which, upon inspection were connected to a network and were using Globe simcards.

When asked if it is possible that the 10 employees were doing something else on the computer, the police said they were “more likely” engaged in International Simple Resale (ISR) activity that converts international calls to local calls.

The prosecutor asked for computer forensics but the police said 24 hour is not enough to submit it and for inquest purposes, they have no other evidence to present except for photos of the sim cards attached to bond papers.

With respect to Otani, the prosecutor said being an officer of the company “it is but reasonable to conclude that he is aware of what is taking place…That ISR activity is taking place in his very presence, this Office is reasonably convinced that probable cause exists to indict Otani for the offense leveled against him.”

The prosecutor has recommended P20,000 bail for Otani’s temporary liberty. CDG

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