Mamitua Saber v. Court of Appeals

Summary

Dr. Mamitua Saber was appointed Executive Vice-President of Philippine Amanah Bank and tasked with organizing the 1974 Mecca pilgrimage. When passenger withdrawals threatened the project's viability, Saber sold tickets on credit to Sacar Basman and executed a freight contract with AGEAC without Board authorization. The postdated checks bounced, creating over P1 million in receivables. PAB held Saber personally liable and filed criminal charges under the Anti-Graft Act through an investigating committee headed by Asgari Aradji. Although Saber was acquitted criminally, his civil case for damages based on malicious prosecution, libel, and abuse of rights failed. The Supreme Court ruled that PAB and Aradji acted in good faith with probable cause, as Saber lacked authority for the disputed transactions and the Board properly protected the bank's interests. The case demonstrates the distinction between criminal acquittal and civil liability, emphasizing that probable cause in filing criminal charges negates malicious prosecution claims even when the accused is ultimately acquitted.