HIGHWAY Patrol Group Chief Grogorio Pimentel said they will not file again a case against two men who allegedly barged into a police compound and seized two impounded vehicles last October 31.

"Hindi na kami mag file ulit kasi ayoko ng bulabugin ang judiciary and since na-dismiss, police work ends with that but at least, naka file kami," Pimentel told Sun.Star.

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He, however, said a carnapping really happened.

"'Yung pagpasok nila dito and destroyed the lock, it showed they did not respect us and besides, hindi naman 'yung subject ng replevin nila ang kinuha nila kundi ibang sasakyan," Pimentel said in an interview.

Chief Prosecutor Raul B. Bendigo earlier said the patrol group cannot file another case after the charge was dismissed since it was under an inquest case.

But, Bendigo added, the group may opt to file again under regular procedures.

Bendigo approved the recommendation of Prosecutor Mariam Veloso Mastura clearing Noel Anthony Rollon and Ruel Gudez who were deputized to retrieve two vehicles that were the subject of a writ of seizure issued by the court.

The resolution said "there was no intent to gain but merely to follow the instructions of the sheriffs in executing the writs of replevin."

It added "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 Pimentel that there was an attempt to steal the Black Toyota Fortuner with license plate YET 301 and Toyota Hilux with license plate XHY 871. Batacan said the vehicles were the subject of a writ of seizure issued by the court.

Regional Trial Court Branch 13 Judge Florencia Abu of Misamis Oriental, based in Cagayan de Oro City, issued the writ of seizure replevin, which gives the two persons authority to retrieve the vehicle after the police crime laboratories in the cities of Cebu and Cagayan de Oro issued documents saying 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 Hi-lux owned by Escolastico Hitago Jr., on October 13, 2009, after its owner showed the court documents showing the vehicle's legitimacy.

Pimentel earlier filed a motion to quash and dismiss the writ before the court. (RMH)