The Manila Regional Trial Court Branch 18 has confirmed that the signature of Atty. Petchie Rose G. Espera on the sworn affidavit of former Philippine Marine Orly Guteza is a forgery – validating the lawyer’s claim that she did not notarize the document submitted to the Senate in its probe on anomalous flood control projects nationwide.
In an 11-page resolution citing the National Bureau of Investigation’s forensic report, Executive Judge Carolina Icasiano-Sison said investigators found that the signature on Guteza’s affidavit dated Sept. 24 did not match Espera’s authentic signature.
“Laboratory comparative examination conducted on the specimens submitted using the stereoscopic microscope, Video Spectral Comparator (VSC4000), forensic image analyzer, magnifying hand lens, and photographic enlargements (comparison chart) reveals the existence of significant fundamental differences in handwriting characteristics and habits between the questioned and the standard specimen signatures PETCHIE ROSE G. ESPERA,” the report dated Oct. 24 read.
“Conclusion: The questioned and the standard specimen signatures PETCHIE ROSE G. ESPERA were not written by one and the same person,” it added.
The court cleared Espera of any liability and recommended the filing of falsification charges against Guteza and others who used or presented the document containing the forged signature and notarial details.
“Considering that Mr. Guteza presented the Sinumpaang Salaysay during the public hearing and is deemed to be the author of the falsification, appropriate charges shall be filed against him,” the court said.
It added that others who “used or uttered” the affidavit may also be held liable, citing the legal presumption that possession and use of a forged document implies authorship in the absence of a satisfactory explanation.
The court noted that Guteza failed to explain how he came into possession of the affidavit bearing Espera’s falsified signature.
Guteza appeared before the Senate Blue Ribbon Committee on Sept. 25, where he alleged that former Rep. Zaldy Co had ordered him to deliver cash to then-House Speaker and Leyte 1st District Rep. Martin Romualdez.
Romualdez has denied the accusation.
Senate President Pro Tempore Panfilo “Ping” Lacson subsequently ordered a record check and background investigation on Guteza, who was presented as a surprise witness by Sen. Rodante Marcoleta. (Patrick Garcia)
