DOJ orders withdrawal of theft case vs Airbus dealer
The Department of Justice. (File photo from the Philippine Daily Inquirer).
MANILA, Philippines — The Department of Justice (DOJ) has ordered a Pasay City prosecutor to withdraw a criminal case filed by incoming Philippine Ports Authority General Manager Christopher Pastrana against a Taiwanese aircraft dealer that repossessed a $3.7-million Airbus helicopter due to alleged violations of his contractual obligations.
In an 11-page joint resolution issued on June 27, the DOJ directed the Pasay City state prosecutor to withdraw the complaint by the Pastrana-owned CAPP Industries Inc. against Ricardo Liao, Molly Tseng, Hunto Chang, and Jack Pang, all officials of Chailease Financial Services Co. based in Taiwan.
Pastrana, president of CAPP, also cited Robert Reguero of Philjet Aero Charter Corp. as a respondent in the qualified theft case.
The DOJ indicated that the prosecutor erred in affirming CAPP’s complaint.
“In the absence of a clear proof that complainant-appellant is the lawful owner of the aircraft, respondents cannot be charged for qualified theft. For failure of the complainant-appellee to prove that there were misrepresentations committed by the respondents, we also cannot find probable cause for estafa,” the resolution stated.
The decision, signed by Justice Undersecretary Nicholas Felix Ty, upheld Chailease’s argument that under its financial lease agreement with CAPP, Chailease was the owner-lessor of the aircraft while CAPP was the lessee until the sale was consummated.
However, CAPP allegedly defaulted on some of its contractual obligations under the lease agreement, prompting Chailease to repossess the Airbus chopper.
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