CEBU CITY -- The criminal cases filed by motorcycle dealers against the regional director of the Land Transportation Office-Central Visayas (LTO 7) have been endorsed by the Central Records Division of the Office of the Ombudsman to the Office of the Ombudsman-Visayas.
The endorsement of the criminal cases came on the heels of the dismissal of the cyber libel complaints that Victor Emmanuel C. Caindec filed against executives of Desmark Corp., Premio Corp., DES Strong Motors Inc., De Ek Sam Inc. and DES Marketing Inc.
In the “1st endorsements” dated March 18, 2022 and April 4, 2022, the officer-in-charge of the Central Records Division of the Office of the Ombudsman, Caroline A. De Leon, forwarded to the Deputy Ombudsman for the Visayas the original records of the cases entitled Des Marketing, Inc. vs. Victor Emmanuel C. Caindec, et al. and Du Ek Sam, Inc. vs. Victor Emmanuel C. Caindec, et al., docketed as IC-OC-21-0510 and IC-OC-21-0511, respectively.
The criminal cases against Caindec stemmed from the delays in the registration of the motorcycle units sold by the dealers as well as the accreditation of the branches of the dealers.
The dealers alleged that the delays in the registration of motorcycle units sold by them were caused by the dealers’ refusal to grant ‘SOP’ being demanded by Caindec.
Caindec has repeatedly denied demanding grease money from the dealers. He filed cyber libel complaints against the dealers but the complaints had been dismissed by the Mandaue City Prosecutor’s Office.
While Caindec denied demanding SOPs, the dealers claimed they suffered months of delays in the registration of the motorcycles sold by them “to the damage and prejudice of their customers.”
These criminal cases are the latest that were filed against Caindec before the Ombudsman. In June last year, the Anti-Red Tape Authority (ARTA) “recommended that Caindec be held liable for violation of Section 21, paragraphs (a), (b), and 75 counts of paragraph (e) of Republic Act No. 11032 or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.”
The ARTA has asked the Ombudsman to preventively suspend Caindec.
ARTA likewise recommended to the Presidential Anti-Corruption Commission for “further investigation” of Caindec ‘for possible violation of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.’
Caindec has yet to comment on the endorsements of the criminal cases filed against him.
Caindec has also filed criminal cases against the same motorcycle dealers for alleged anomalous transactions.
Presiding Judge Nelson Galuna Leyco of Regional Trial Court Branch 27 in Lapu-Lapu City has issued arrest warrants against Marvin Ken Du and Cassandra Alexis Du, high-ranking officials of Des Marketing Inc.
The Dus are facing charges for two counts of alleged violation of Section 4, Paragraph B (for computer-related Forgery) of the Republic Act 10175 or the Cybercrime Prevention Act of 2012.
Another warrant has been issued against the two Dus for two counts of Falsification by Private Individual and Use of Falsified Documents in violation of Article 172 of the Revised Penal Code.