Ex-envoy faces arrest for selling luxury car

The Makati City Metropolitan Trial Court (RTC) has found probable cause to try former ambassador Juan Jose Rocha on falsification of public documents charges.

The charges stemmed from a complaint filed by the widow of Rocha’s late half-brother, Arturo. Luisa alleged that Rocha committed falsification of public documents when he executed a deed of absolute sale of a Jaguar S-type V6 with license plate ART-383, a conjugal property of her and her late husband.

Rocha said he sold the Jaguar in good faith, but admitted that the person who executed the general power of attorney authorizing him to sell the vehicle was already dead when the sale was executed.

Makati MTC Branch 63 Judge Roberto Buenaventura junked Rocha’s motion for judicial determination of probable cause and for the suspension of the proceedings against him.

“The Court finds that there exists a probable cause that the crime of falsification of public documents is committed by the accused for which a warrant of arrest may be issued against the accused,” Buenaventura said.

He said the court’s task, at this stage of the proceedings, is to determine whether there is probable cause that the crime charged was committed and the accused is probably guilty.

Buenaventura cited four documents on which the evidence of probable cause are based: the general power of attorney signed by Arturo in 2002; Arturo’s death certificate, which stated that he died in 2003; the dead of sale of the Jaguar, dated 2004; and Rocha’s counter-affidavit acknowledging that he was aware that his half-brother was dead when the vehicle was sold.

“It is clear under the law that the death extinguishes agency. At the time whe the accused executed the deed of sale he has no longer authority to sell the subject property being fully aware of the fact that the principal is already deceased,” he said.

Buenaventura said a full-blown litigation has to be conducted to determine the logic of Rocha’s defense that he was in good faith, considering that he acted on a difficult question of law, and Luisa gave her consent to the transaction.

Buenaventura also said that Rocha did not mention the death of Arturo in the deed of sale. – Jose Rodel Clapano