Lapu-Lapu City Prosecutor Finds Probable Reason To Charge Motorcycle Dealers

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LTO-7 Regional Director Victor Caindec | CDN Digital File Photo

CEBU CITY, Philippines — Lapu-Lapu City prosecutors have found a likely reason to formally charge motorcycle dealers accused of “forging” documents they filed with the Land Transportation Office in Central Visays (LTO-7).

Assistant District Attorney Antonio Aseniero recommended that Marvin Ken Du, Carl Ryan Lim, Iwih Jane Du and Cassandra be charged with violating the Anti-Cyber ​​Crime Prevention Act of 2012 and Article 172 of the Revised Criminal Code, or document forgery by Alexis Du.

Marvin is the CEO of DESMI while Lim is the company president. Iwih Jane, on the other hand, is corporate secretary, while Cassandra Alexis is a member of the board of directors.

However, Aseniero recommended that the complaints against employees at its Lapu-Lapu City Gun-ob branch, identified as Mary Fe Heruela, Bryll Christian Villalfon, Marc Jaylord Nieves and Angelito Tabada, be dismissed for “lack of probable cause”.

In a joint resolution, Aseniero said LTO-7 director Victor Emmanuel Caindec, who acted as a complainant in the case, had failed to provide evidence that the five were already employed by DESMI when the alleged forgery took place sometime in January 2020 .

Aseniero’s recommendation, signed on November 10, 2021, was approved by the city’s prosecutor, Ruso Zaragoza, and copies of it were sent to all respondents and Caindec.

A copy of the order was recently received by LTO-7.

acts of society

Respondents maintain their innocence as they claim to have “separate personalities” from the company they work for.

In his affidavit, Marvin Du said, “An officer of the company must not be held criminally liable for the company’s alleged actions.” He said they can only be held liable “if they have committed manifest actions and actively participated.” “.

“That DESMI as a company has a personality separate and distinct from its directors, shareholder representatives and employees. Therefore, all actions performed by DESMI’s directors, shareholders, officers and employees in the conduct of the latter’s business concern and are solely attributable to the company,” he said.

Du added that the two sales invoices in question were made out in the name of DESMI and not in the defendant’s name.

Like the company’s chairman, Du said he does not participate in, nor has any knowledge of, the issuing of invoices as “he is not involved in the daily branch operations nor in the activities of DESMI Gun-ob, Lapu Branch of the City of Lapu .”

Du said he lives in Cagayan de Oro City.

Two sales invoices

The filing of the Complaint against Du and the other Respondents arose from an issue raised by Caindec on the various cash sale invoices that their Gun-ob branch issued to a customer and that they sent to LTO-7.

“There are two versions of a sales invoice, one issued to the customer and one reported to LTO 7. To reiterate, this was not mentioned or addressed in the long response from respondents,” Caindec said.

Caindec added that after a review of the two invoices, it was discovered that the two documents showed different dates and purchase amounts.

“However, these unrecognizable differences were not addressed by the Respondents in their detailed response. Therefore, it would be wiser to subject the same case to a full trial,” Caindec said.

“In other words, wala gyod nila gitubag ang pasangil nga nanikas sila.”

Caindec said cash sales invoices issued by vendors are considered a commercial and official document.

“In the falsification of public documents or official documents, not only the thought of profit or the intention to harm a third party is required, because in the falsification of a public document the violation of public faith and public opinion is punished by the destruction of the truth as it is is solemnly proclaimed in it,” said Caindec, who previously launched a campaign against fraudulent activities by motorcycle dealers.

“All cases handled by LTO 7, both with recommendations for prosecution and those dismissed by prosecutors, have one common point: LTO 7’s claims of the existence of two invoices containing the same details of the transaction, one stating Cash and non-fee sales have never been challenged by the accused traders,” he said.

Fraud

Last June 2021, Caindec filed a complaint with the Mandaue City Attorney’s Office against Du Ek Sam Inc., DesmarkCorporation, DES Marketing Inc., Premio Corporation and DES Strong Inc., alleging that they used LTO’s MAIRDOEs (manufacturers, assemblers, importers, remanufacturers, dealers and other companies) system.

In September of that year, the Treasury Department also certified a copy of Caindec’s complaint against the motorcycle dealers to BIR.

Three months later, or in December 2021, Senator Richard Gordon, chairman of the Senate Blue Ribbon Committed, asked the Bureau of Internal Revenue (BIR) to file tax fraud charges against five motorcycle dealers for charging the government billions of pesos from their sales had cheated.

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/DCB

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