LAND Transportation Office (LTO) 7 Director Victor Caindec has filed two counts of cyberlibel against the owners and officials of five motorcycle dealers in Central Visayas.
Caindec was at the Mandaue City Prosecutor’s Office Monday morning, June 7, 2021, with his counsels, lawyers Benjamin Cabrido and Majed Ungab.
“Today, we filed the case in behalf of Regional Director Victor Caindec of LTO 7 in his personal capacity as well as in his official capacity against five corporations represented by their respective corporate officers,” Cabrido said.
The five motorcycle dealers are Desmark Corp., Du Ek Sam Inc., Des Strong Motors Inc., Des Marketing Inc. and Premio Corp.
Charged were Gilbert Du, Fe Socorro Du, Mark Allen Du, Marvin Ken Du, Jeanine Du, and Maricris Lopez of Desmark Corp.; Carl Ryan Lim, Cassandra Alexis Du, Iwih Jane Du, Marvin Ken Du, Louise Camille Lumapas, George Du, Wilson Du and Melecia Du of Du Ek Sam; Silvestre Lumapas Jr., Marolou Du-Lumapas, Louise Camille Lumapas, Tom Joshua Lumapas and Edgardo Lumapas of Des Strong Motors Inc.; Carl Ryan Lim, Cassandra Alexis Du, Iwih Jane Du, Marvin Ken Du, Louise Camille Lumapas, George Du, Wilson Du and Melecia Du of Des Marketing; and Mark Allen Du, Jeanine Du, Maricris Lopez, Gilbert Du, Fe Socorro Du and Marvin Ken Du of Premio Corp.
Caindec’s complaint was linked to the allegations the five corporations, which are owned by a prominent family based in Cagayan de Oro City, posted on social media that the LTO 7 official would ask for P500 as cut for every motorcycle they sold.
Cabrido said his client initially ignored the allegations which the five corporations had raised before a hearing conducted by the Senate Blue Ribbon Committee.
“We did not react because we considered that news as privileged, meaning it is protected, but when these five corporations published an official statement reproducing and reiterating their principal argument during the hearing then we found it to have violated the law,” Cabrido said.
He said the respondents violated the Cybercrime Prevention Act of 2012 when they published their allegations on social media last Feb. 15, adding that malice was involved.
Caindec, for his part, said he is only following the provisions of Republic Act (RA) 11235, or the Motorcycle Crime Prevention Act.
He said their investigations revealed several violations committed by the five motorcycle dealers, including the alleged withholding of registration documents from buyers who have not completed their payments and falsifying reports, among others.
He said the non-release of the original certificate of registration (CR) to owners, which bears no annotation or encumbrance in favor of the creditor, is illegal.
Motorcycle owners who fail to carry their motor vehicle’s CR and official receipt violate RA 4136, or the Land Transportation and Traffic Code.
Caindec said five motorcycle dealers deliberately patterned the misreporting of business practice driven by the motive to evade taxes.
“By the volume of motorcycles sold under the dealership network of the Du family, government revenues in the form of taxes, chattel fees and LTO annotation fees are estimated to be in the hundred of millions annually or billions in a span of several years prior,” he said in an earlier interview.
Meanwhile, Caindec said he is fighting for every Filipino who owns a motorcycle who fell victim to the five motorcycle dealers.
“They want me to be relieved from my post. I want them to go to jail. I want them to pay what they owe the government and give justice to all the customers they abused,” Caindec said in a mix of Cebuano and English. (PAC / PJB)