LTO-7 chief brings case vs motorcycle dealer to DOJ

Land Transportation Office-7 regional director Victor Emmanuel Caindec has once again described that his fight against one of the biggest motorcycle dealers in the country is “still yet to come to its exciting part."

This is after Caindec filed an appeal on Wednesday, May 4, to the Secretary of Justice to review the resolutions made by its subordinates at the Regional State Prosecutors in Central Visayas.

“We are appealing the prosecutor's dismissal of our complaint," said Caindec in a statement.

Regional State Prosecutor Fernando Gulabalane 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).

Caindec cited that under Department of Justice (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.

Caindec on his appeal prays that a resolution be issued directing the reversal of the Resolution of the Regional State Prosecutor in Cebu on the cases he filed before the Mandaue City Prosecution Office.

On the appeal, Caindec states that "there was never any denial from respondentsappellees on the falsified entries in the questioned sales invoice and respondentsappellees 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."

Hence, Caindec stated that “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."

To recall, Caindec filed the falsification of public documents against the DSMI officers and employees on December 29, 2020. —