Caindec facing 4 counts of cyberlibel

CEBU, Philippines —  Land Transportation Office-7 Director Victor Emmanuel Caindec is facing four counts of cyberlibel cases before the Regional Trial Court in Pagadian City, Zamboanga del Sur.

Pagadian City RTC Branch 20 Presiding Judge Dennis Vicoy issued four warrants of arrest against Caindec on September 9, 2021.

Caindec is set for arraignment on May 18, 2022 at the RTC Branch 20 in Pagadian City after posting cash bond in the amount of P48,000 for each count at the RTC in Cebu City on September 13, 2021.

Cebu City RTC Executive Judge Marlon Jay Moneva issued the Order of Release of Caindec on September 13, 2021.

The case stemmed from the complaint filed by DES Strong Motors Inc. before the Pagadian City Prosecutors Office against Caindec following post on the LTO Facebook page accusing five motorcycle companies of cheating their customers. The motorcycle dealership corporation has a branch in Pagadian City.

In a March 10, 2020 press conference posted on the LTO Facebook page, Caindec identified the companies as Du Ek Sam, DES Marketing, DES Strong, DESMark and Premio.

On June 19, 2020, Caindec, in a Facebook live session, insinuated that DES Strong has become a billionaire by cheating and is cheating the government a billion in taxes.

On July 18, 2020, Caindec went live in his Facebook account insinuating that DES Strong has committed corruption of public officials and grave threats.

“Inyo kong pasanginlan og cash na extortion. Kamoy ni-offer nako og SOP. Gibalibaran ta mo,” Caindec was quoted as saying.

On July 30, 2020, Caindec, in the Facebook post “Mugstoria Ta,” allegedly referred DES Strong as tax evaders.

In a resolution dated August 19, 2021, Pagadian City Prosecutor Domingo Santiago Briones approved the recommendation of Deputy City Prosecutor Cleto Edralin that four separate informations for violation of Cybercrime Prevention Act of 2012 be filed before the Cyber Crime court against Caindec.

The prosecutor further recommended P48,000 bail for the temporary liberty of the accused for each count.

Caindec filed an Omnibus Motion to Dismiss which the court denied.

The in-court arraignment and pre-trial was earlier set on March 23, 2022 but was reset after Caindec filed his Motion for Reinvestigation citing as ground violation of due process at the prosecutorial level.

The court on April 21, 2022 again denied the Motion for Reinvestigation for lack of merit.

Judge Vicoy said that while the accused may have sensed that there was violation of his right to due process at the prosecutorial level, he should have done his remedy pursuant to DOJ Department Circular No. 70 which shall be done within the reglementary period allowed if only to afford expeditious and efficient administration of justice.

“Sadly, this was not followed with, and this has already foreclosed his statutory right to do do,” Vicoy said.

Vicoy pointed out that once an Information has been filed in court, the court is the best and sole judge on how to dispose of the criminal case and the court has to abide by the speedy disposition of the cases. — JMD (FREEMAN)