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8 August 2018

MR. ALBERT SONSI


Corinthian Plaza 121 Paseo de Roxas
Makati City

Subject: Preliminary Findings on Possible Cases to be Filed Against


A and B

Dear Mr. Sonsi:

We write to render our preliminary findings on the documents you sent to us


concerning the parcels of land owned by your parents, the late Priscilla Almeda
and Gardo Sonsi.

Upon review of said documents, we believe that there are grounds to file
criminal complaints for falsification of documents by a private individual and
use of falsified documents as punishable under Art. 172, in relation to Art. 171, of
the Revised Penal Code against the following:

a. Three (3) counts of falsification against A;

b. One (1) count of falsification against Messrs. B and C, and Misses D and
E.

For your reference, Art. 172 and 171 of the Revised Penal Code states:

Art. 171. – Falsification by public officer, employee or notary or


ecclesiastic minister. – The penalty of prision mayor and a fine
not to exceed P5,000 pesos shall be imposed by any public
officer employee, or notary who, by taking advantage of his
position, shall falsify a document by committing any of the
following acts:

1. Counterfeiting or imitating any handwriting,


signature or rubric;
2. Causing it to appear that persons have participated in
any act or proceeding when they did not in so fact
participate;
3. Attributing to persons who have participated in an act
or proceeding statements other than those in fact
made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;

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6. Making any alteration or intercalation in a genuine
document which changes its meaning;
7. Issuing in an authenticated form a document purporting to
be a copy of an original when no such original exists, or
including in such a copy a statement contrary to, or
different from, that of the genuine or original; or
8. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official book. x x
x

Art. 172. Falsification by private individual and use of falsified


documents. – The penalty of prision correccional in its medium
and maximum periods and a fine of not more than P5,000 pesos
shall be imposed upon:

1. Any private individual who shall commit any of the


falsifications enumerated in the next preceding article
in any public or official document or letter of
exchange or any kind of commercial document; and
2. Any person who, to the damage of a third part, or with the
intent to cause such damage, shall in any private document
commit any of the acts of falsification enumerated in the
next preceding article. x x x

The three (3) counts of falsification were committed by A by executing


documents purportedly in representation of one Carlos Sonsi who, as you
relayed to us during our meeting, already passed away last 2011. Accordingly,
the following documents executed by A are falsified:

a. Special Power of Attorney dated 11 August 2015;

b. Deed of Assignment, Warranties and Undertaking dated 3 June 2015; and

c. Deed of Undertaking dated 15 April 2015.

Further, your other siblings namely B, C, D, E are also liable for committing one
(1) count of falsification by executing a Deed of Adjudication notarized on 22
February 2016 wherein the alleged signature of the late Carlos Sonsi was signed.

With respect to our review of your documents pertaining to A’s transaction


concerning the properties of your mother, the late Priscilla Almeda under the
Comprehensive Agrarian Reform Program, we respectfully request for
additional time to study and review the law as said transactions refer to highly

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technical agrarian reform matters. On this score, we will apprise you of further
developments.

Finally, please note that our opinion is solely based on our appreciation of the
documents your presented and the facts which you narrated to us. Our opinion
may change if the matters presented are changed or elaborated.

Thank you very much.

Respectfully yours,

MACARIO SAKAY
For the Firm

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