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JORGE B. NAVARRA v. PEOPLE

FACTS:

This case involves petitioner Jorge B. Navarra who was charged with violation of Section 22(a), in relation to Section 28(h) and (f) of Republic Act No. 8282. The case stemmed from an Information filed before the Regional Trial Court (RTC) accusing petitioner of conspiring and refusing to remit and pay the Social Security System (SSS) contributions of employees and other obligations of Far East Network of Integrated Circuits Subcontractors (FENICS) Corporation. The case pushed through against petitioner while his co-accused were dismissed.

The prosecution alleged that petitioner served as the President and Chairman of the Board of Directors of FENICS and failed to remit the SSS contributions of its employees from 1997 to 2000. Despite demands, FENICS failed to pay, resulting in an Affidavit-Complaint filed by SSS against petitioner and his co-accused.

Petitioner claimed that he never had custody of the SSS contributions as it was handled by the Human Resources Department, and that FENICS had already shut down during the alleged period of delinquency. The RTC found petitioner guilty and sentenced him to imprisonment and ordered him to pay the unpaid obligation. The CA affirmed petitioner's conviction, and his motion for reconsideration was denied.

Hence, this petition. The issue before the Court is whether or not the CA correctly upheld petitioner's conviction.

ISSUES:

  1. Whether the Information against the petitioner properly charged him with a criminal offense.

  2. Whether the petitioner can be held liable for violation of Section 28 (h) of RA 8282.

  3. Whether the prosecution established that the private complainants were employees of FENICS.

  4. Whether the petitioner's criminal liability was extinguished by his compromise agreement with the SSS.

RULING:

  1. The Court ruled that the CA correctly upheld petitioner's conviction for violation of Section 22 (a), in relation to Section 28 (h) and (f), of RA 8282. The Court found that the Information against the petitioner properly charged him with a criminal offense and that he can be held liable as an officer of FENICS. The Court also held that the prosecution established that the private complainants were indeed employees of FENICS and that the petitioner's criminal liability was not extinguished by his compromise agreement with the SSS.

PRINCIPLES:

  • The failure to raise the issue of the validity or regularity of the Information prior to entering a plea is deemed a waiver of any defect in the Information.

  • The failure of a corporation to remit the SSS contributions of its employees subjects its officers to liability.

  • Letters proposing to settle the delinquencies of a corporation can be viewed as an admission of guilt on the part of the officer.

  • A compromise agreement with the SSS does not extinguish an individual's criminal liability.