LTO 7 director files petition vs motorcycle dealer before DOJ

LAND Transportation Office (LTO) Central Visayas director Victor Emmanuel Caindec has filed an appeal before the Department of Justice (DOJ) to review the resolutions made by regional state prosecutors over the dismissal of criminal charges he filed against the officers and employees of a Cebu-based motorcycle dealer.

Caindec said he filed an appeal on Wednesday, May 4, 2022 to Justice Secretary Menardo Guevarra to review the resolutions made by his subordinates at the Regional State Prosecutors in Central Visayas.

Regional state prosecutor Fernando Gubalane denied two separate resolutions filed by Caindec on the dismissal of falsification charges against Julio Arabejo Jr., Rovelyn Ranises, Emelita Binarao, Renie Tumon, Joann Lanzaderas, Dr. Silvestre Lumapas Jr., and Marilou Lumapas, officers and employees of DES Strong Motors Inc. (DSMI).

Under DOJ Circular No. 70-A, “all petitions for review of resolutions of Provincial/City Prosecutors in cases cognizable by the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, except in the National Capital Region, shall be filed with the Regional State Prosecutor concerned who shall resolve such petitions with finality in accordance with the pertinent rules prescribed in the said Department Circular.”

The circular states that the Secretary of Justice may, pursuant to his power of supervision and control over the entire National Prosecution Service and in the interest of justice, review the resolutions of the Regional State Prosecutors in appealed cases.

On the appeal, Caindec states that “There was never any denial from Respondents-Appellees on the falsified entries in the questioned Sales Invoice and Respondents-Appellees Arabejo, Ranises, and Binarao did not deny that they are the sole authorized representative of DSMI to upload documents to the LTO Do-It-Yourself System.”

Therefore, “and in point of law, he who does not deny, admits and said admissions coupled with the documentary evidence attached to the record would have more than sufficiently constituted probable cause.”

Caindec filed charges falsification of public documents against the DSMI officers and employees on Dec. 29, 2020.