The Department of Justice ordered a Pasay City prosecutor to withdraw a criminal case filed by CAPP Industries Inc. of businessman Christopher Pastrana against a Taiwanese aircraft dealer that repossessed a $3.7-million Airbus helicopter over alleged violations of contractual obligations.
The department, in an 11-page joint resolution handed down on June 27, asked the Pasay City state prosecutor to withdraw the complaint lodged by CAPP Industries against Ricardo Liao, Molly Tseng, Hunto Chang and Jack Pang of Taiwan-based Chailease Financial Services Co.
CAPP president Christopher Pastrana also cited Robert Reguero of Philjet Aero Charter Corp. as a respondent in the qualified theft case.
“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 DOJ resolution said.
The decision was signed by Justice assistant secretary Nicholas Felix Ty. It upheld Chailease’s argument that under its financial lease agreement with CAPP, Chailease was the owner-lessor of the aircraft while the CAPP was the lessee until the sale was consummated.
Chailease alleged that CAPP defaulted on some of its contractual obligations under the lease agreement, prompting Chailease to repossess the Airbus chopper “to protect its rights.”
Chailease said CAPP’s alleged delinquencies consisted of failure to maintain and pay insurance premium on time, keep insurance coverage on the aircraft as required by the Civil Aviation Authority of the Philippines, late or delayed payment of rentals, unauthorized rental payment by non-related parties, and failure to assume maintenance costs to Airbus and pay management fees to Philjet.
CAPP objected to the repossession and lodged a criminal complaint in September 2021 against the Taiwanese businessmen, along with Reguero of Philjet, the designated “operator” or maintenance service provider for the aircraft.
Records of the case showed that sometime in mid-2016, Chailease was advised by Airbus Helicopters Philippines. Inc. that CAPP wanted to acquire one H-130 Airbus Helicopter to be shipped to the Philippines, and asked whether Chailease would be interested in offering a financial leasing policy to the CAPP.
The helicopter model being eyed by CAPP was already reserved for Starline Global Industries Pte Ltd.
However, Starline was willing to give up its order provided CAPP refunds $700,000.00 down payment it made for the aircraft.
A purchase agreement was subsequently sealed between CAPP and Starline. A five-year financial lease contract was also forged between CAPP and Chailease for the remaining $3 million to be paid to Airbus.
Chailease, as “owner of the helicopter, commenced in January 2021 to deregister and export the chopper in accordance with the executed deregistration power of attorney, dated Oct. 12, 2016, the firm’s lawyers said.
“There was no unlawful taking, grave abuse of confidence, misappropriation, deceit, and/or fraud committed by Chailease or any of its employees in the present case,” the counsels said.
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