Tuesday, September 26, 2006 Show me a law, Merced dares critics By Nicolas C. Delfin
BACOLOD City Police Director Pedro Merced Monday dared his critics to show him a law that would prevent him from a vital piece of evidence, like a car that figured in a road accident.
"I have never violated any regulations regarding the case but if you can show me a law authorizing us to hold the cars, then, show me so that we may have a basis," he said.
That as he said that the father of Antonio Ortiz, father of teenager Marvin Ortiz, and the Ortiz family's legal counsel decided to return the car back to police custody because they felt bad when Merced was "criticized maliciously" for releasing the car last Thursday.
"They personally went to me and told me that they will return the car for they felt pity over how my decision have been given malice by reports," he added.
It is still not very whether the City Prosecutor's Office will file administrative and criminal charges against Merced for allowing the release of a vital piece of evidence without a court order or even a concurrence of the public prosecutors.
Earlier though, Assistant City Prosecutor Emmanuel Lope Lupisan criticized Merced for his action without consulting the prosecuting attorneys or asking permission from the courts.
Merced has since backtracked from his earlier statement and denied having ordered the release of the car.
The damaged car of Ortiz along with that of Provincial Board Member Lorenzo Suatengco, 19, was impounded at the BCPO compound after it figured in a traffic accident, which resulted to the death of school teacher Augusto De Leon last July 21.
Both Ortiz and Board Member Suatengco are accused of reckless imprudence resulting to homicide, multiple injuries and damaged to property.
Also, aside from reckless imprudence complaints Suatengco was charged before the Bacolod City Prosecutor's Office of violating the Land Transportation Code for driving a car without a licensed plate while Ortiz is accused of driving without a license.
In releasing the car, Merced was said to have ordered one of his men to take photographs of the damaged car before allowing its release on the afternoon of September 21.
He was then quoted in reports saying that he would be fair in implementing the law hinting that he would also release the car of Provincial Board Member Lorenzo Suatengco if the latter will come to his office and ask for it.
However, after getting criticized Merced denied having ordered the release and told Sun.Star that he has recalled the car back to the police compound.
The car was reportedly towed back to the BCPO headquarters last Saturday afternoon.
Monday, however, Merced appeared to be standing by his decision once again as he said that he has the option to release the car.
"We have an option to hold or to release the car. However, if the lawyer of Ortiz will file a motion to take the car, then, it is possible for him, too. It's the same story." he said.
He lamented, that it is only the court that can hold the released of the car and not the fiscal.
"What is the necessity for us to coordinate with him (Lupisan)? If he is still not contented with the pieces of evidences and documents we have after we have filed the case last July 28, then, he can check and see wherever the car is?" he added.
Lupisan could not immediately be reached for comment.
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