CEBU CITY – A Mandaue City court junked an appeal that sought to overturn a previous decision finding an owner of a security agency guilty of estafa for failure to remit the deducted Social Security System (SSS) contribution of her former employee.

Judge Fruto Teodorico III of the Regional Trial Court (RTC) Branch 86 denied the appeal of Arne Sarsalejo, owner of Sarsalejo Security Agency, who was found guilty of violating Article 315 Par 1 (b) of the Revised Penal Code (RPC).

On Jan. 9, the Municipal Trial Court in Cities (MTCC) sentenced Sarsalejo to “arresto mayor” or a three-month and 11-day imprisonment.

Sarsalejo filed an appeal, asking the court to overturn her conviction, alleging that the prosecution failed to prove her guilt beyond reasonable doubt.

She also said that the complainant, Rodel Paburada, filed an affidavit of desistance.

The court, however, the desistance was not enough to exonerate Sarsalejo from legal charges.

"It has been an established principle that criminal cases cannot be the subject of a compromise, for a criminal case is committed against the People and the offended party may not waive or extinguished the criminal liability that the law imposes in its commission,” the court said.

The court emphasized that an affidavit of desistance or pardon is not a ground for the dismissal of an action once it has been instituted in court.

"The desistance of the private complainant, while it may affect the civil aspect of the case, does not extinguish criminal liability, especially when the offense committed is a public crime that offends the State," the court said.

The court said that the court decision sends a strong message that the State has to protect its workers and the integrity of SSS law.