Case vs Japanese e-trike supplier dismissed
THE Mandaluyong City Prosecutors Office dismissed the criminal cases filed by an investment corporation against a Japanese national for lack of probable cause.
In a seven-page resolution, the City Prosecutor’s Office cleared Japanese national Kawauchi Shinsuke or Tajima Syuichi of complaints for falsification of public document, estafa, concealing true name and using fictitious name filed by Guevent Investment Development Corporation.
Guevent said in their complaint that they started to doubt Kawauchi’s identity after they had problem with the delivery of Electric Tricycles (E-Trikes) which were being supplied by the ECOS Foundation represented by the latter to the city of Mandaluyong.
Guevent said they sought police assistance in verifying with the Bureau of Immigration the photocopy of the passport given to them by Kawauchi when they signed a memorandum of agreement for the purchase of E-Trikes.
The BI said Tajima Syuichi has no travel record and the passport they are verifying was issued to Kawauchi.
Kawauchi said it was the passport he has been using in going in and out of the country.
The Prosecutors’ Office said complainant only presented a photocopy of the alleged falsified passport submitted by Kawauchi.
“There could be no falsification of a mere photocopy of a document in this case of a passport,” the resolution stated.
The resolution noted that certification from the BI showed that no passport was issued to a certain Syuichi Tajima.
The resolution added that even the Guevent’s representative was not privy to the execution of the memorandum of agreement.
“His allegations therefore that the original of the passport allegedly falsified was given by respondent is basically hearsay,” the resolution further stated.
On the case of estafa for the purchase of several units of E-Trikes worth P1.9-million, the Mandaluyong Prosecutor’s Office said “there is no convincing evidence that there was deceit committed by respondent.”
The resolution noted that Guevent agreed with the stipulation which convinced it to enter into a contract with ECOS.
The use or nondisclosure of Kawauchi’s true name, according to the government “is not the deceit contemplated by law as his representation is not the impelling force which moved the complainant to enter into a contract.”
“Thus, if ever there be any contractual obligations arising from the implementation of the Memorandum of Agreement which apparently remains effective and binding between parties, complainant should have proceeded against ECOS by way of a civil action,” the resolution stated.
With regards to the use of fictitious name and concealing true name, the government prosecutors said there was no proof that Kawauchi concealed his true name to evade prosecution or to cause damage.
The Prosecutor noted that all payments made by the complainant to ECOS are all accounted for.
“Thus, there could be no damage as yet, to speak of that may have resulted from the use of another name by respondent in his legitimate business dealings with complainant,” the resolution added.
The resolution was prepared by Senior Assistant Provincial Prosecutor Leilani M. Rodriguez and approved by Assistant State Prosecutor Arnold Magpantal and Senior Deputy State Prosecutor Richard Anthony Fadullon.
