Bren Esports founder cleared of charges
IT’S a double victory for Bren Esports, or in Mobile Legends term, a “double kill.”
Two days after the esports team received a citation at the Philippine Sportswriters Association (PSA) Awards Night, its founder Bernard “Bren” Chong scored a legal victory after the Department of Justice (DoJ) junked the falsification charges filed against him by the National Bureau of Investigation (NBI) for lack of probable cause.
In a 27-page decision approved by Prosecutor General Benedicto Malcontento, the Justice department found no probable cause to file a case against Chong.
The order, dated Oct. 10, 2023 but only released to the public on Wednesday, likewise cleared Alaine Margaret Chong and others for falsification of commercial documents under Article 172 of the Revised Penal Code filed by the NBI’s Anti-Organized and Transnational Crime Division (NBI-AOTCD).
“After a careful and judicious evaluation of the records and evidence presented in this case, it is the stern opinion of the undersigned panel of prosecutors that no probable cause exists against the respondents for the charges of Falsification of Commercial Documents,” the decision said.
The panel was composed of Senior Assistant State Prosecutor Florencio de la Cruz Jr., Assistant State Prosecutor Maria Kristhina Paat-Salumbides, Prosecution Attorney Alyssa Nezren Mangata, and Senior Deputy State Prosecutor Richard Anthony Fadullon for the recommending approval.
The NBI filed a case against Chong and several personnel of Brenterprise International Inc. for alleged printing of fraudulent receipts in May last year, but the DoJ decided that the allegation is too general and the elements of the crime of falsification are lacking in the evidence submitted by the NBI-AOTCD.
Failure to specify what among the enumerated acts of falsification was committed by the respondents prompted the panel to arrive at the decision.
“Hence, the criminal intent to commit the offense is lacking since there is no particularity of the acts of falsification enumerated under Article 171 of the Revised Penal Code that can be attributed to each of the above-named respondents,” the decision stated.
Furthermore, the records submitted to the high court have no indication of the period as to when respondents Bernard Chong, Alaine Chong and several others were actually in control of the corporation.
More importantly, the prosecutors said the complaint failed to ascertain the exact nature of the participation of Bernard Chong. It merely relies on the general averment that respondent Chong is the president and “big boss” of the company.
The decision added that mere membership or being president does not mean knowledge, approval and participation in the act alleged as criminal. There must be a showing of active participation, not simply a constructive one.
“Owing to the absence of allegation and proof of their exact participation in the commission of the crime charged, it would be difficult, if not impossible, to prove the element of willful intent on their part,” the decision read.
With respect to the charge of printing fraudulent receipts or sales invoices under the National Internal Revenue Code (NIRC), the prosecutors said there is no authorization from the Bureau of Internal Revenue (BIR) Commissioner to file a case.
“There is no authorization from the BIR Commissioner as to the filing of the case hence, dismissible. The fact that it is being related to the Cyber Criminal Law is of no moment since the original charge is for NIRC violation,” the prosecutors added.
This is the second legal victory for Chong after being cleared of drug smuggling charges in May last year.
Chong’s Bren Esports received a Special Citation Award at the PSA Awards Night in recognition to the team’s feat at the M5 World Championship. The team also snared a gold medal at the 2023 Southeast Asian Games.