G.R. No. 214960 - TONY N. CHUA, JIMMY N. CHUA, AND ERNEST T. JENG, VS. SECRETARY OF JUSTICE AND BDO UNIBANK, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is respectfully recommended that the charge against the respondents for violation of P.D. 115 be dismissed for lack of probable cause, as upon approval hereof, the same is hereby dismissed. [32] BDO moved for reconsideration [33] but to no avail. [34] Thus, it filed a Petition for Review [35] before the DOJ. Rulings of the Secretary of Justice In a June 1, 2010 Resolution, [36] the Department of Justice, through the Chief State Prosecutor, affirmed the dismissal of the complaint finding that there was no dishonesty or abuse of confidence that can be attributed to petitioners. [37] Moreover, their failure to comply with the obligation was due to the economic crisis; the goods were perishable so they were compelled to sell at a non-profitable price to make partial payments to the bank. [38] The dispositive portion of the June 1, 2010 Resolution reads: WHEREFORE , considering the foregoing, the petition for review is DENIED . SO ORDERED.