THE Highway Patrol Group (HPG) cannot appeal the resolution dismissing the carnapping charge filed against two men who barged into the police compound and seized two impounded vehicles on October 31.

"No MR (motion for reconsideration) because it was an inquest case but they can refile under the regular procedure," said chief prosecutor Raul Bendigo.

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This developed after Bendigo approved the resolution of Prosecutor Mariam Veloso Mastura in clearing Noel Anthony Rollon and Ruel Gudez who were deputized by the court to retrieve two vehicles that were the subject of court's writ of seizure.

The resolution pointed out that "there was no intent to gain but merely to follow the instructions of the sheriffs in executing the Writs of Replevin".

It added that "there was no resistance and serious disobedience to a person in authority as writs are, by nature, coercive measures to execute orders of the court."

Lawyer Ramon Edison Batacan earlier decried the claim of HPG chief Superintendent Gregorio Pimentel that there was an attempt to carnap the Black Toyota Fortuner with plate number YET 301 and Toyota Hilux with plate number XHY 871.

Batacan said the vehicles were the subject of the writ of seizure issued by the court.

Regional Trial Court (RTC) Branch 13 Judge Florencia Abu of Misamis Oriental, based in Cagayan de Oro City, issued the writ of seizure replevin, giving them the authority to get the vehicle from the HPG after the police crime laboratories in cities of Cebu and Cagayan de Oro, respectively, issued documents showing that the Toyota Fortuner bore no signs of tampering.

RTC Branch 15 Judge Ridgway Tanjili also issued the corresponding writ of seizure replevin for the release of the Toyota Hilux owned by Escolastico Hitago Jr., from the HPG, on October 13, 2009, after its owner showed the court the corresponding documents showing the vehicle's legitimacy.

Pimentel earlier filed a motion to quash and motion to dismiss this writ before the court.