A dealer of second hand cars and a suspected carnapper were charged with violation of the anti-fencing law for allegedly selling a stolen vehicle.
Marcelo Cabahug and Manuel Tabada, owner of Merman Auto Sales in barangay Mabolo, were indicted by Cebu City Prosecutor Nicolas Sellon for violation of the Presidential Decree 1612 before the Regional Trial Court.
The case stemmed from a complaint filed by Maria Isnes, resident of Anupog, Dumlog, Toledo City last year.
Isnes claimed that she bought a Toyota Revo from Merman Auto Sales in January 2004, which she later found to be carnapped.
According to Isnes, she tried to ask for the PNP motor vehicle clearance certificate and its registration before she entered into a purchase agreement but she was allegedly told that it will be shown only after full payment is made.
Isnes said she relied on the warranties and assurance of Merman Auto Sales assuming that it is a legitimate car display center and on January 21, 2004 she entered into a purchase agreement with the auto dealer and paid P5,000 earnest money. Three days after, the vehicles and the purchase documents were delivered to her after paying fully the amount of P530,000.
The deed of absolute sale was signed by Cabahug as vendor assisted by Tabada, she added.
However, the vehicle was impounded by the Traffic Management Group on May 17, 2007 on suspicion that it has a fake plate and for failure of the driver to bring the registration.
When the vehicle was subjected to laboratory examination, the result showed that the engine and the chassis numbers were tampered. Further investigation also revealed that the said vehicle was included in the list of carnapped vehicles.
Isnes said her lawyer made several demands for the return of her money but Tabada reportedly refused.
Tabada denied any knowledge that the vehicle was carnapped claiming that he only allowed his co-accused, Cabahug, to display it. Tabada said he will claim commission on the sale of the vehicle as payment for the use of his display center.
Cabahug who was earlier arrested for alleged involvement in carnapping did not submit his counter-affidavit on the complaint.
Assistant city prosecutor Mario Edgardo Montenegro, who investigated the case, resolved that there was probable cause to indict Cabahug and Tabada for violation of the anti-fencing law. – Fred P Languido/WAB