CA denies appeal of John Hay lawyer on perjury case

By Melody Brawner 

The Court of Appeals’ (CA) Fourteenth Division of Manila denied the appeal of CJH Development Corp. lawyer Manual T. Ubarra Jr. to overturn the decision of the Metropolitan Trial Court Branch 41 of Quezon City that has found probable cause against him for perjury.

In its 12-page decision, the appeals court said “The appeal is devoid of merit.” The CA decision stated that “we have reviewed the records and see no error on the part of pubic respondent [MeTC Judge Rolando Dennis G. Molina] in sustaining the MeTC’s findings of probably cause for the issuance of the arrest warrant against petitioner [Ubarra].”

The CA decision ruled “The METC correctly found that the investigating prosecutor had carefully and meticulously scrutinized the complaint-affidavit and the accompanying documents that Atty. Ubarra, Jr. submitted, on behalf of CJHDC, against appellee Casanova and the other directors of the BCDA before the Ombudsman; and from his evaluation, it was convincingly shown that Atty. Ubarra had, in fact, made several untruthful statements  and false accusations against appellee Casanova that would constitute the crime of Perjury.”

Ubarra as the vice president for litigation of CJHDevCo, had filed a complaint-affidavit with the Ombudsman charging BCDA president and CEO ArnelPaciano D. Casanova and other directors of the BCDA of failing to promptly reply on letters and requests from the public within 15 days from receipt thereof, in violation of Sec. 5 (a) of RA No. 6713. 

 Responding to Ubarra’s complaint, Casanova said Ubarra’s allegations were false because he was not yet the President and CEO of the BCDA when the letters were sent and therefore he could not have replied to the letters.

 In his complaint-affidavit, Ubarra mentioned that it took 60 days before Casanova replied to the letter he sent on 29 December 2009.

Casanova argued that he assumed office as BCDA president and CEO on April 15, 2011.

The letters that CJHDevCo sent were addressed to Aloysius L. Santos and Gen. Narciso L Abaya (ret.) then the chairman and president and CEO of BCDA respectively.

Casanova also said that the reply letter of Ubarra’s March 01, 2010 was signed by then president and CEO Abaya.  

He added that Ubarra’s May 28, 2010 letter was addressed to Abaya.

Feeling aggrieved by allegations, Casanova filed a criminal complaint for Perjury against Ubarra.