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Traffic group still won't release 2 vehicles



HIGHWAY Patrol Group (HPG) chief Gregorio Pimentel denied Thursday his office had refused to honor a court order to release two vehicles impounded in their compound.

One of the vehicles, according to Pimentel, has tampered chassis number, while the other has a fake plate number.

"Masyado lang silang nagmamadali na pinakiusapan naman sila na after the holidays na kasi we still have to present our evidences," Pimentel said referring to court sheriffs who served the writ of seizure on October 31.

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He said their office cannot readily release any vehicle from their custody by merely looking at the writ of seizure replevin issued by Regional Trial Court Branch 15 presiding Judge Ridgway Tanjili.

"We still have to present our evidences too, and we also have to inform our legal office at Camp Crame," Pimentel said adding that in releasing the vehicles, they also have to look at the "merits of the claim."

Pimentel also said they have already received the documents from HPG's main office, which they needed to check on the chassis and plate numbers of the two vehicles, an Isuzu Hilux pick-up and Toyota Fortuner.

Pimentel said the two vehicles were attempted to be stolen, also on October 31.

Based on these documents, the plate number of the Hilux pick-up (XHY 871) actually belonged to an Isuzu Elf owned by one Alan Zamora and was registered at the Land Transportation Office in Quezon City.

"It could be na fake ang plate number nila and for the Fortuner with plate number YEH 301, the restored chassis number originally belonged to a Fortuner with plate number ZHM 349 owned by a certain Jayvi Baun," Pimentel said.

He said with these documents, they cannot really release the said vehicles.

"We have already filed a motion to dismiss and motion to quash before the court here and in Cagayan last November 3," Pimentel said.

Pimentel said he is ready to face possible charges that maybe file against him and his operatives.

"We will just defend ourselves and I know that we are on the right ground. Ano gusto nila, tatanggap kami ng pera para tuloy-tuloy na ang ligaya nila? Magpa-dismiss na lang ako," Pimentel said adding that they are just doing their job when they apprehended the two vehicles.

Lawyer Ramon Edison C. Batacan, former governor and president of the Integrated Bar of the Philippines, said Pimentel should have followed the writ issued by the court.

"Irrespective of his reasons, he has to obey the writ. He does not have the discretion to rule on the matter," Batacan told Sun.Star Davao.

Batacan belied Pimentel's claim that an alleged carnapping incident happened inside their compound last October 31, contrary to what was reported in another local daily.

"This is outrightly misleading the public," he said.

Batacan said what actually happened was that the court issued a writ of seizure, which the court sheriff served thus virtually ordering the release of a vehicle impounded inside the HPG compound.

He said the vehicles were impounded on the mere suspicion that they are either stolen or having a tampered chassis number.

"Pimentel's stubbornness and disobedience to judicial process gives a bad light to the police since the police is supposed to obey judicial processes," Batacan said.

He said the continued possession by the HPG of the subject vehicles despite receipt of the writ of seizure signifies not only a willful disregard or disobedience of the court's orders but to bring the authority of the court and the administration of the law into disrepute or in some manner to impede due administration of justice.

"We are preparing to file a criminal case for indirect contempt and an administrative case for grave abuse of authority against Pimentel," Batacan said.


Published in the Sun.Star Davao newspaper on November 6, 2009.


Feedback: Your views and reactions

re: Highway Patrol Group &

re: Highway Patrol Group & the RTC court order

If the kind of public enforcement officers cannot obey & follow legitimate court orders but decide on their own, then the RTC judge should issue a contempt of court order and put these highway patrol officers in jail, ok? This judge should show to the people that the court has power over the police enforcement agencies, ok, judge?

A writ of seizure is an

A writ of seizure is an order of a court directing the delivery or release of personal property to place it under judicial control. The personal property becomes "in custodia legis" once the writ is served. The court, through its personnel, the sheriff, becomes responsible for the property.

If the writ is in order and the person serving is determined to be authorized; then the writ should be respected.

As the late Dean Iñigo would usually illustrate, a properly issued writ or order of a court is so powerful an order that the entire AFP/PNP or any sufficient battalion, platoon, or force of the entire governmental authority can be ordered to implement it. Upon proper motion, buildings can even be torn down, warehouses opened or locks destroyed to be unlocked, in order that a writ be complied with.

If the person has some reason for withholding the release of the personal property, he necessarily goes to the issuing court and asks to lift or quash the writ and presents his evidence.

But by then, he is impliedly invoking the jurisdiction of the court. If he invokes the court's jurisdiction, he must, therefore, likewise respect and comply with its writ or order; unless again, he goes to court only to question its jurisdiction and no other.