The Department of Justice has terminated its preliminary investigation into the P50 million estafa complaint filed by the infrastructure unit of San Miguel Corp. against Indonesian businessman Shadik Wahono and his company.
Senior Assistant State Prosecutor Ma. Emilia Victoria said that Wahono, through his counsel, filed a counter-affidavit during Monday’s preliminary investigation on the case filed by San Miguel Holdings Corp.
Victoria said the case is deemed submitted for resolution after SMHC manifested during the hearing that it would no longer file its rejoinder to Wahono’s counter-affidavit.
“It’s already submitted for resolution,” Victoria said, in an interview.
In its complaint, SMHC accused Wahono of misrepresenting his company, PT Citra Lamtoro Gung Persada, as the legal owner of Citra Central Expressway Corp shares that it acquired.
SMHC argued that CLGP cannot be the legal and beneficial owner of such shares since the subscription price was actually paid for by Citra Metro Manila Tollways Corp. funds of which SMHC was also a beneficial owner at that time.
Aside from estafa, Wahono is also facing a qualified theft case before the Regional Trial Court of Marikina City for allegedly causing CMMTC, which was jointly owned then by the SMHC and Wahono, to make an unauthorized disbursement, which he then used to incorporate another company called CCEC.
SMHC alleged that the transfer of money was listed as a loan from CMMTC to Wahono’s PT Citra Lamtoro Gung Persada, for the incorporation of CCEC.
Subsequently, the accused entered into a separate partnership with SMHC for CCEC, to undertake the Skyway Stage 3 project. But SMHC said it did not know that Wahono got the money from the jointly owned CMMTC to fund the establishment of CCEC.
According to SMHC, Wahono and his co-accused did not notify the CMMTC board and shareholders about the loan, which, consequently, did not have board approval.
SMHC said it was duped by Wahono and company into paying them the same amount of money that it illegally disbursed from CMMTC when SMHC subsequently bought into CCEC.
