PMC president Raul Villanueva briefs PMC Press Corps members on updates of the cases lodged against Joseph Mahusay, Jeff McGlinn and Ramon Austria last Thursday, 23 November 2023. MindaNews photo by CHRIS V. PANGANIBAN
ROSARIO, Agusan del Sur(MindaNews / 27 November) – The three adversaries of a prominent gold mining firm based here – an Australian executive and his two Filipino partners – are now formally facing multiple criminal and civil court charges.
Lawyer Raul Villanueva, Philsaga Mining Corp. (PMC) president, said the criminal cases originated from an alarm and scandal complaint against Joseph Mahusay and his supporters.
They allegedly forcibly entered the company’s administration building last May 29 in a convoy of cars, to serve a legal document recognizing Mahusay as the company president, Villanueva said.
However, the document turned out to be an order from a Davao City court for the transfer of Mahusay’s pending case against Villanueva to another court.
Mahusay’s security escorts from Davao City, who were disarmed by the local police, are also facing charges for illegal possession of firearms.
Villanueva revealed that the case is currently awaiting a court decision. Mahusay had pleaded not guilty.
In addition to the alarm and scandal complaint, Mahusay is also facing charges of perjury and falsification of documents.
Villanueva stated that Mahusay and Australian Jeff McGlinn face charges for violations of the Anti-Dummy Law, Anti-Graft and Corrupt Practices Act, Anti-Money Laundering Law, and Ethical Standards and Practices.
McGlinn used to be managing director of X64 Ltd., the Australian partner of PMC until he was ousted on June 19.
The perjury and falsification charges against Mahusay are based on allegations of forging Villanueva’s signature on the deed of assignment transferring the complainant’s shares of stocks and submitting a document supposedly notarized by a Quezon City lawyer who denied signing it.
“I had never sold my shares to anyone, much more to Mahusay,” Villanueva stated, referring to 125,000 shares covering 60 percent of the company’s total shares, with 50 percent assigned to him and the remaining 10 percent shared equally by two other shareholders.
Among the filed cases, McGlinn faces six counts, Mahusay two counts, and Ramon Austria four counts. The three respondents were arraigned at a Quezon City court on November 20.
Austria is separately facing perjury charges in a Makati City court for allegedly falsifying documents related to a meeting of Philsaga Management Holdings, Inc. in Davao City. Villanueva asserted that Austria purportedly issued several fake sworn statements.
In a press conference with the local media last Thursday, Villanueva said the company “will continue to prosecute the cases we have already filed as well as defend those filed against us.”
“I am confident we shall be victorious,” he added.
In an open letter to PMC employees, Villanueva claimed that McGlinn was allegedly responsible for the non-payment of the processing of a gold ore shipment to Hong Kong on February 8, amounting to US$4.47 million.
He also accused McGlinn of siphoning US$3.6 million from the Mindanao Mineral Processing and Refinery Corp., and authorizing payments on “doubtful invoices” totaling P17.38 million.
Villanueva expressed shock at Mahusay receiving around P50 million from X64 under the previous management and board of directors, ostensibly for payment to his Philippine lawyers and the substantial amounts directly paid by X64 to Philippine lawyers for court representation and handling the alleged transfer of shares and legal bonds.
Villanueva also criticized the last outflow of money, deeming it in bad faith “as it occurred a few hours before the resignation of the previous management and board of directors of X64, effective at 5 p.m. on June 19.” (Chris V. Panganiban / MindaNews)