LAND Transportation Office in Central Visayas (LTO 7) Director Victor Emmanuel Caindec filed a total of 13 cases against two major motorcycle dealerships in the Visayas and Mindanao due to their alleged fraudulent practices on Tuesday, Feb. 7, 2023.
Caindec filed nine cases against DES Marketing and four cases against Du Ek Sam for their alleged violation of Section 4 of Republic Act 11235, or the Motorcycle Crime Prevention Act.
The accused are the owners and officials of the corporation that owns both dealerships, namely Marvin Ken Du, Ryan Lim, Iwih Jane Du, Louise Camille Lumapas, Henry Batalan and Aldren Acosta.
The top official of the LTO 7 said that this is the first case filed in the entire country under the Motorcycle Crime Prevention Act.
“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 P20,000 but not more than P50,000 or both,” Caindec said in explaining the law’s provision.
He filed eight of the cases before the Mandaue City Prosecutor’s Office and five before the Cebu City Prosecutor’s Office.
In a statement sent to SunStar Cebu on Tuesday, Feb. 7, officials of DES Marketing said they will answer Caindec’s charges “at the right time and in the right forum when we receive copies of the subpoena and the complaint-affidavit.”
“We have squarely answered the previous cases he filed against us and which have all been dismissed in our favor. On the other hand, the Anti-Red Tape Authority has already recommended for the suspension of LTO R7 RD Caindec, and we know that justice will eventually be served as he is facing multiple cases with the Ombudsman and other local courts,” DES Marketing said.
A few days ago, LTO Assistant Secretary Jose Arturo Tugade reminded dealers to follow the provisions of Section 4 of RA 11235 to avoid penalties.
“Isa po itong mahigpit na paalala sa mga dealer ng sasakyan. May sinusunod tayong bilang ng araw ng pagproseso na dapat ay nakumpleto na ang rehistro o mayroon nga official receipt (OR), certificate of registration (CR) at plaka ang biniling sasakyan ng inyong kliyente. May karampatang multa o parusa kapag hindi into nasunod,” he said on a social media post.
(This is a strict reminder to car dealers. There’s a specific number of days to register a vehicle in which the official receipt, its certificate of registration and the license plate must all be ready. There are appropriate fines or penalties for non-compliance.)
The law requires original or new motorcycle owners to complete the transfer of ownership within five calendar days and to report the motorcycle sale to the LTO within the same period.
Owners of vehicles that have four wheels or more have seven to 11 days to secure the OR and the CR. (PAC, JKV / PJB)