Lawyer sues bank officials for selling 'carnapped' car to him

CEBU, Philippines – A lawyer has filed a civil case for damages against a rural bank and its officials for allegedly selling a carnapped vehicle to him. Atty. Ronald Baquiano filed a case for annulment of contract of sale, recovery of sum of money and damages against Peninsula Rural Bank represented by its president and chief executive officer Robert Cantoy and Mandaue City branch manager Marvin Soco before the Regional Trial Court in Cebu City.

Baquiano demanded P200,000 in moral and exemplary damages including attorney’s fees and litigation costs. He is likewise demanding for temperate damages, which amount he left at the court’s discretion.

On top of it, the complainant is also demanding for the refund of the P492,989.06 he paid on installments to the bank for the Mitsubishi Adventure he purchased. The vehicle was already impounded by the Traffic Management Group after it was found out to be carnapped when they processed the documents for the transfer of ownership.

Baquiano also wanted to recover the P50,600 he paid to Janice Nicolas, previous owner of the vehicle.

He said that sometime in December 2006, Soco offered for sale a 2004 Mitsubishi Adventure, telling him that the vehicle was purchased by Nicolas through the bank financing.

Nicolas allegedly failed to pay her monthly obligation to the bank prompting her to surrender the vehicle. Soco then offered Baquiano to assume the unpaid obligation which the latter did.

Baquiano said he paid the unpaid monthly amortization including the surcharges and assumed the remaining monthly installment that totalled to P492,989.06 to the bank excluding the P50,600 he paid to Nicolas.

However, after having fully paid to the bank the ownership of the vehicle could not be transferred under the name of his wife, in which he intend to give the car because the police will not issue a clearance.

Baquiano said he was told that the vehicle’s engine and chassis numbers were tampered and later learned from Soco that the vehicle was bought from Reynold dela Torre, whom the police earlier tagged as the leader of a carnapping syndicate in Cebu. — Fred P. Languido/WAB