QC prosecutors junk GMA's estafa complaint vs. TAPE officers

Quezon City prosecutors have dismissed the estafa complaint filed by GMA Network against officers of Television and Production Exponents, Inc. (TAPE) for alleged misappropriation of funds amounting to P37 million.

In its resolution dated October 8, the QC Office of the City Prosecutor (OCP) dismissed the complaint filed against TAPE executives Romeo Jalosjos, Jr. (former president and CEO), Romeo Jalosjos, Sr. (chairman of the board), Seth Frederick "Bullet" Jalosjos (treasurer), Malou Choa-Fagar (former COO and current president and CEO), Michaela Magtoto (former senior vice president for finance), and Zenaida Buenavista (finance consultant).

The OCP dismissed the complaint for failure to establish prima facie evidence with reasonable certainty of conviction.

“[I]t was TAPE which was a party to said agreement with complainant, and not the respondents in their individual capacity,” the OCP said.

“[When TAPE failed to remit the amount of P37,941,352.56 when it has the obligation to do so under the contract, the omission may be deemed equivalent to a breach of contract, and it is TAPE which may be held liable to complainant,” it added.

The OCP pointed out that in its demand letter to TAPE, the complainant admitted that it can only file a civil case for breach of contract and a collection case.

GMA Network however has yet to receive a copy of the OCP resolution.

"We have not yet received a copy of the Prosecutor’s resolution. We will issue an official statement once we have reviewed the official document," GMA Network First Vice President for Legal Affairs Atty. Lynn Delfin said.

The complaint stemmed from TAPE’s initial unsettled obligations with GMA amounting to P213 million, including interest.  

However, this was not remitted to GMA as TAPE had already used the funds for its expenses, according to the OCP. -KG/RF, GMA Integrated News