Caindec appeals dismissal of complaint against motorcycle dealers
Copy of the appeal petition to DOJ. | Photo Courtesy of Director Victor Caindec
CEBU CITY, Philippines — Land Transportation Office in Central Visayas (LTO-7) Regional Director Victor Caindec has filed an appeal with the Department of Justice (DOJ) over the dismissal of the agency’s complaints against certain motorcycle dealers in Central Visayas.
He filed the 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 RD Caindec after filing the said appeal.
Regional State Prosecutor Fernando Gulabalane denied two separate resolutions filed by RD Caindec on the dismissal of falsification charges against the officers and employees of the DES Strong Motors Inc. (DSMI).
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 said in the appeal praying, premises considered, for a resolution directing the reversal of the Resolution of the Regional State Prosecutor in Cebu on the cases filed before the Mandaue City Prosecution Office.
On the appeal, RD 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.”
RD Caindec filed the Falsification of Public Documents against the DSMI officers and employees on December 29, 2020. /rcg
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