Prosecutor junks plaint v. Herreras
FOR lack of merit, the Danao City Prosecutor’s Office dismissed the complaint for qualified theft and estafa against Ernesto Herrera III and Vanessa Herrera.
But the legal battle is not over for the complainants who plan to seek reconsideration or file a new case.
In a nine-page resolution dated March 12, Danao City Prosecutor Jose Dionisio Kyamko said the complainants failed to prove the burden of proof that the respondents committed the crime.
Spouses Niel Richard and Janice Kintanar filed a criminal case against Herrera III and his wife last Feb. 8.
The Kintanars said Herrera, their business partner in running a Kambal Pandesal bakery outlet inside the Mitsumi branch in Danao City, had unpaid supplies and did not give them their agreed percentage of the bakery income.
However, the prosecutor said the complaint filed against Ernesto Herrera III was not proper because he was not involved in the Kambal Pandesal business and not even working in Cebu.
Herrera III is based in Manila and is not Vanessa’s husband.
Spouses Kintanar want to implead Herrera II, or commonly known as Ernest, who was their business partner in Kambal Pandesal business. “But how can it be explained that respondent Ernest Herrera III is not the actual husband of respondent Vanessa? He is a brother-in law. In this score alone the dismissal of the instant complaints in favor of the latter is a foregone conclusion,” read a portion of the resolution.
Lawyer Abraham Rey Acosta, counsel for the Herreras, said they are happy with the decision and they hope the other party will accept there is no case against his clients.
Herrera II told reporters he is vindicated and the case was purely political harassment considering that he is running for city councilor in the Cebu City north district.
When sought for comment, lawyer James Sayson, counsel of the spouses Kintanar, said there was undue haste in deciding the complaint.
As to names impleaded in the complaint, Sayson said it is only a typographical error which was already corrected and explained in their reply-affidavit.
Sayson said they will file a motion for reconsideration or a new complaint.
Earlier, Ernest also filed a complaint for violation of Republic Act 10175 or the Cybercrime Prevention Act of 2012 against spouses Kintanar and spouses Ramon and Karla Fernandez for posting “malicious and baseless” accusations against him on social media over the bakery business.