Republic of the Philippines
G. 3rd there�s r. No . 81262 August 25, 1989
EARTH MACKAY CABLE CONNECTION AND A RADIO STATION CORP., and HERBERT C. HENDRY, Petitioners, vs . THE HONORABLE THE COURTROOM OF SPEAKS and RESTITUTO M. TOBIAS, Respondents. �
Private respondent Restituto M. Tobias was employed by petitioner Globe Mackay Cable and Radio Corporation (GLOBE MACKAY) in a dual capacity being a purchasing agent and administrative assistant to the engineering functions manager. In 1972, GLOBE THE COMPANY discovered fictitious purchases and other fraudulent orders for which it lost many thousands of pesos. chanroblesvirtualawlibrary chanrobles digital law catalogue According to private respondent it was he who in fact discovered the anomalies and reported them on Nov 10, 1972 to his immediate superior Eduardo Big t. Ferraren and to petitioner Herbert C. Hendry who was then this Executive Vice-President and Standard Manager of GLOBE IT. chanroblesvirtualawlibrary chanrobles online law collection On The fall of 11, 72, one day after private surveys takers Tobias made the report, petitioner Hendry confronted him by saying that having been the number one suspect, and purchased him to consider a one week required leave, never to communicate with any office, to keep his stand drawers open up, and to keep the office tips. chanroblesvirtualawlibrary chanrobles online law selection On November 20, 72, when private respondent Tobias returned to work after the forced keep, petitioner Hendry went about him and called him a " crook" and a " swindler. " Tobias was then purchased to take a lie detector test. Having been also advised to submit specimen of his handwriting, personal, and initials for assessment by the police investigators to determine his complicity in the flaws. chanroblesvirtualawlibrary chanrobles digital law catalogue On 12 , 6, 1972, the Manila police investigators submitted a laboratory criminal offense report (Exh. " A" ) removing private surveys takers of participation in the flaws. chanroblesvirtualawlibrary chanrobles online law collection Not satisfied with the police report, petitioners employed a private examiner, retired Col. Jose G. Fernandez, who also on January 10, 1972, submitted a written report (Exh. " 2" ) finding Tobias guilty. This report even so expressly explained that further investigation was still to be conducted. chanroblesvirtualawlibrary chanrobles digital law catalogue Nevertheless, on December 12, 1972, petitioner Hendry released a memorandum suspending Tobias from operate preparatory towards the filing of criminal fees against him. chanroblesvirtualawlibrary chanrobles virtual law collection On January 19, 72, Lt. Dioscoro V. Tagle, Metro Manila Police Key Document Examiner, after examining other paperwork pertaining to the alleged anomalous transactions, submitted a second clinical crime statement (Exh. " B" ) reiterating his previous finding that the handwritings, signatures, and initials appearing in the investigations and other paperwork involved in the deceitful transactions were not those of Tobias. The lie detector checks conducted on Tobias also yielded unfavorable results. chanroblesvirtualawlibrary chanrobles virtual regulation library Despite the two authorities reports exculpating Tobias from the anomalies as well as the fact that the report with the private investigator, was, by its terms, not complete, petitioners filed with the City Monetary of Manila a problem for estafa through pourriture of commercial papers, later corrected to just estafa. Subsequently five other criminal complaints had been filed against Tobias, four of which were for estafa through Pourriture of commercial record while the 6th was intended for of Content 290 of' the Modified Penal Code (Discovering Secrets Through Seizure of Correspondence). Two of these kinds of complaints were refiled with the Judge Endorse General's Office, which yet , remanded those to the fiscal's office. All of the six felony complaints were dismissed by the fiscal. Petitioners appealed four of the...