FILE PHOTO: Participants of a Theoretical Driving Class organized by the Land Transportation Office in Central Visayas. | LTO-7 photo
MANDAUE CITY, Cebu — After finding “enough basis to proceed with the criminal investigation,” the Office of the Ombudsman Visayas has ordered Victor Caindec, director of the Land Transportation Office in Central Visayas (LTO-7), and Dr. Emmarielle Aniga Oñez to answer the falsification and graft charges that were filed against them for the alleged issuance of “fake” student driver’s permits in Bohol province.
In an order dated Jan. 19, 2023, Deputy Ombudsman for the Visayas Dante Vargas directed Caindec and c0-accused, Dr. Oñez, a medical doctor, to file their respective counter-affidavits and other controverting evidence.
The order that was signed by Euphemia Bacalso, Director or Preliminary Investigation, Administrative Adjudication and Prosecution Bureau-A of the Office of the Ombudsman Visayas, is giving Caindec and Oñez 10 days from the receipt of the order to submit their counter affidavits.
Sought for comment, Caindec said, that he had yet to receive a copy of the order and would reserve the issuance of any statement until then.
“Failure to comply as herein directed within the period prescribed by the rules shall be deemed a waiver of the right to present the party’s counter-affidavit or reply-affidavit and the investigation shall proceed according to existing rules,” part of the document read.
“Motion to dismiss or bill of particulars, and dilatory motions, including, but not limited to, motions for extension of time, second motions for reconsideration and/or re-investigation are prohibited pleadings and shall be stricken off the records of the case,” it added.
Last Jan. 16, Vargas also wrote Caindec’s accuser, Dr. Doloreich Dumaluan, to inform him that his complaint was already docketed.
“This case shall be assigned to an investigation officer who will act thereon accordingly,” read part of the document that was signed by Sarah Jo Vergara, the Acting Director-Case Records Evaluation, Monitoring and Enforcement Bureau of the Office of the Ombudsman Visayas.
Medical Certificates
The Visayas Ombudsman’s order stemmed from the complaint that Dumaluan filed against Caindec and Oñez last Sept. 14, 2022.
Dumaluan accused Caindec and Oñez of allegedly conniving in the issuance of “falsified” medical certificates that were issued even in the absence of physical examinations of the applicants.
The issuance of a medical certificate was a prerequisite for the application of a driver’s permit before LTO-7.
Dumaluan alleged that applicants were asked to pay P700 and were issued receipts that were not registered with the Bureau of Internal Revenue (BIR), a violation of the National Internal Revenue Code (NIRC) and the Anti-Graft and Corrupt Practices Act.
He further alleged that Caindec and Oñez conspired in the issuance of fictitious medical certificates and charged both for violations of Articles 171, 174 and 175 of the Revised Penal Code and Sec. 3(j) of the Anti-Graft and Corrupt Practices Act and the tax code.
In his complaint, Dumaluan claimed that LTO-7 conducted several e-Patrol Mobile Services in Bohol province between March to April 2022, where the applicants for student driver’s permits were given medical certificates issued allegedly by Dr. Oñez using an entity named St. Jude Medical Clinic with a business address at A&S Bldg., MV Patalinghug Avenue, Barangay Pajo in Lapu-Lapu City.
Dumaluan attached to his complaint a copy of the medical certificate and the receipt that was issued to one of the applicants for a student driver’s permit together with a sworn statement signed by an applicant who claimed that he did not undergo medical examination prior to the issuance of his medical certificate. He was allegedly immediately issued the certificate after he presented his proof of payment.
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