Ombuds pursues probe vs. Caindec

CEBU, Philippines — The Office of the Ombudsman-Visayas has docketed the criminal complaint against Land Transportation Office-7 director Victor Emmanuel Caindec and a private physician for the alleged issuance of “fake” student driver’s permits in Bohol province.

Finding enough basis to proceed with the criminal investigation, the anti-graft body has ordered Caindec and Dr. Emmarielle Aniga Oñez to answer the falsification and graft charges that were filed by Dr. Doloreich Dumaluan, a resident of Barangay Bolod in Panglao, Bohol.

In an order dated January 19, 2023, Deputy Ombudsman for the Visayas Dante Vargas directed Caindec and Dr. Oñez 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 Dr. Oñez 10 days from the receipt of the order to submit their counter affidavits.

“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.

It added that “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.”

In a letter dated January 16, 2023, Vargas also informed Dr. Dumaluan 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.

The case stemmed from the complaint that Dumaluan filed against Caindec and Oñez last Sept. 14, 2022.

Dumaluan alleged that Caindec and Dr. Oñez were 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 Dr. 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.

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.

An applicant for a student driver’s permit had executed a sworn statement attached to the complaint claiming 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.

More cases filed

Meanwhile, Caindec had also filed several cases against the owners and corporate officers of the largest motorcycle dealers in Visayas and Mindanao for its alleged continued fraudulent activities.

A total of nine cases were filed against Des Marketing while the remaining four cases to be filed yesterday afternoon against Du Ek Sam for complaints in violation of Section 4 of Republic Act 11235 or also known as the Motorcycle Crime Prevention Act.

Cases were filed against owners and corporate officers of the said motorcycle dealers namely: Marvin Ken Du, Ryan Lim, Iwih Jane Du, Louise Camille Lumapas, Henry Batalan, and Aldren Acosta.

Caindec revealed that this is the first case of its kind filed under the said violation of the law in the whole of Philippines.

Under the Implementing Rules and Regulations of Section 4 of RA 11235 states that the initial registration of a motorcycle shall be made with the LTO by the owner or the dealer, if authorized by the former, within five (5) days from the date of the sales invoice for brand new locally purchased motorcycles, or from the Certificate of Stock Reported (CSR) report date for new or used imported motorcycles.

"Failure of the owner to register within five days from the acquisition of ownership, or to immediately report its sale or disposition, shall subject the owner to a penalty of imprisonment or arresto mayor to prision correccional, as defined under the Revised Penal Code, or fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or both," read the penalty stated under the said law.

The cases were filed to the Office of the City Prosecutor in Mandaue City and in Cebu City. — (FREEMAN)