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Wednesday, October 06, 2004
Owners of ‘hot’ cars rapped
A CASE for illegal importation of right-hand drive vehicles (RHD) has been filed against the owners of the 24 suspected smuggled sports utility vehicles (SUVs) seized in a raid in Mandaue City last January.
This, even though the validity of the search warrant is under question.
Also, City Prosecutor Ferdinand Peque said the case against spouses Sulpicio “Pat” and Dalisay Jao was inadvertently filed with the Regional Trial Court (RTC), instead of the Municipal Trial Court in Cities (MTCC), so they would have to withdraw the case from the wrong court and file it in the proper court.
The information, which was prepared by Assistant City Prosecutor Felixberto Geromo, charged the couple with violating Republic Act (RA) 8506, or the Act Prohibiting the Importation, Registration and Operation of Right-Hand Drive Vehicles.
But instead of filing 24 cases for each of the 24 suspected smuggled RHD vehicles, Geromo’s resolution stated that only one case can be filed because “there is no proof that the vehicles were imported at 24 separate instances.”
Last Jan. 16, National Bureau of Investigation (NBI) agents, armed with a search warrant issued by MTCC Executive Judge Rogelio Lucmayon, raided Jao’s three-story building along A.S. Fortuna St., Mandaue City, resulting in the confiscation of 24 RHD SUVs.
Unregistered
The vehicles were all unregistered and no documents could be shown supporting their importation.
Sulpicio, in his counter-affidavit, said RA 8605 prohibits only the importation, driving and registration of RHD vehicles and there is nothing in the search warrant or in the statements of the NBI’s witnesses that suggests that he imported, caused the registration or drove the RHD vehicles along the highways.
But Geromo said his arguments are misplaced because these should be properly addressed before the court, through a motion to quash the search warrant.
Judge Lucmayon denied Jao’s motion to quash, so Jao questioned the order before the RTC.
RTC Branch 56 Judge Augustine Vestil initially quashed the warrant but the Office of the Solicitor General sought reconsideration, which is now pending before RTC Branch 56.
Burden
“Having seized these vehicles, which are not locally manufactured from the premises of respondents, it is then the burden of the latter to explain how they came into possession of the items,” Geromo’s resolution stated.
Although Dalisay was not included in the search warrant, Geromo included her in the criminal charge because she exercises ownership and control over the premises where the vehicles were found.
A P10,000 bail for each of the accused was recommended.
Peque said the case is under the jurisdiction of the MTCC because its penalty is only less than six years imprisonment and a fine of P50,000.
Although the case was properly designated for filing with the MTCC, Peque’s staff admitted that she mistakenly filed it before the RTC, whose staff also inadvertently received it. (ROV)
(October 6, 2004 issue)
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