BREN ESPORTS founder Bernard “Bren” Chong scored another legal victory after the Department of Justice (DOJ) junked the falsification charges filed 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 October 10, 2023 also cleared Alaine Margaret Chong and others for falsification of Commercial Documents under Article 172 of the Revised Penal Code filed by the NBI – 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 order read.
The panel was composed of Senior Assistant State Prosecutor Florencio dela 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.
According to the decision, the allegation is too general and the elements of the crime of falsification are lacking in the evidence submitted by the NBI-AOCTCD.
Dissecting the complaints
The decision stated that the complainant failed to specify what among the enumerated acts of falsification was committed by the respondents.
“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 court do not indicate the period 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.
On receipts and sales invoices
Concerning 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.
Chong was earlier cleared of drug smuggling charges in 2023.
AP.Bren (formerly Bren Esports) recently received a Special Citation Award in recognition of the players’ feat at the M5 World Championship from San Miguel Corp. during the 2023 Philippine Sportswriters Association Annual Awards Night held at the Diamond Hotel Manila.
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