The infrastructure unit of San Miguel Corp. wants the Marikina Regional Trial Court to issue a non-bailable arrest warrant against Indonesian businessman Shadik Wahono and company for qualified theft.
San Miguel Holdings Corp. earlier filed a criminal complaint for qualified theft against Shadik for unauthorized disbursement of Citra Metro Manila Tollways Corp. funds. SMHC and Shadik at that time were major shareholders.
The funds, amounting to P50 million, were allegedly used by Shadik to incorporate another company called Citra Central Expressway Corp.
SMHC’s complaint alleged the transfer of money was listed as a “loan” from CMMTC to Shadik’s PT Citra Lamtoro Gung Persad (CLGP) for the incorporation of CCEC.
Shadik subsequently entered into a separate partnership with SMHC for CCEC to undertake the Skyway Stage 3 project. However, SMHC said it did not know that
Shadik got the money from CMMTC to fund the establishment of CCEC.
SMHC added Shadik and his co-accused did not notify the CMMTC board and shareholders about the alleged loan, neither did they seek board approval.
SMHC claimed that CMMTC was expressly barred by its contractual obligations from extending any form of loan.
SMHC said because Shadik and company kept the unauthorized disbursement, it was duped into paying Shadik and company the same amount of money that it illegally disbursed from CMMTC when SMHC bought into CCEC later.
SMHC filed a separate criminal complaint for syndicated estafa against Shadik and company for misrepresenting that his company, CLGP was the legal owner of CCEC shares acquired by SMHC.
“CLGP cannot be the legal and beneficial owner of such shares since the subscription price was actually paid for by CMMTC funds of which SMHC was also a beneficial owner at that time,” SMHC alleged in the complaint.
Despite earlier findings by the Office of the City Prosecutor of Manila of probable cause to issue an arrest warrant, presiding Judge Alice Gutierrez of the Marikina Regional Trial Court Branch 193 ordered the dismissal of the resolution of the prosecutor that included information for qualified theft against all of the accused.
