Thursday, January 15, 2009 Trader sues police for seizing car
A CIVIL suit has been filed against the Highway Patrol Group of the Philippine National Police over their alleged illegal seizure of an SUV from a businessman in Banilad.
Wily Lim filed the suit for replevin and asked the Regional Trial Court (RTC) to order the return of the vehicle and assess the police damages worth P230,000.
Replevin is legal process where a person asks the court to recover a property that has been wrongfully taken.
The Highway Patrol group, Lim said, seized his vehicle, a Toyota Fortuner, last Jan. 7, while cruising along Escario St.
“The said vehicle was flagged down by defendants... and thereafter apprehended and impounded without any legal basis,” he said in the suit.
Special unit
The Highway Patrol Group is the PNP’s special unit against car theft and Cebu has long been considered the transshipment point for vehicles stolen in Manila and other parts of Luzon.
Last month, the Highway Patrol Group reported the recovery of 15 Sports Utility Vehicles (SUVs) it believed came from Manila and then sold here in Cebu City.
The seized vehicles were owned by car dealers in Metro Cebu, according to Senior Superintendent Antonio Gardiola.
But Lim said his SUV cannot be one of them.
“The aforesaid motor vehicle has never been distrained or taken for any tax assessment or fine pursuant to law,” he said.
According to Lim, he bought the vehicle from one Rossman Mulchandani.
After acquiring the vehicle, he said he even brought it to the PNP Crime Laboratory for macro-etching and for the issuance of a vehicle clearance certificate.
Cleared
“After conducting physical and macro-etching examinations, the said vehicle has been cleared of any tampering and/or alteration, as shown by the macro-etching certificate and PNP motor vehicle clearance certificate (they issued),” he said.
Thus, he said, the Highway Patrol Group had no basis at all to seize and then refuse to release his vehicle.
After the Jan. 7 seizure, Lim said he had representatives go to the PNP Highway Patrol Group headquarters and seek the release of the Fortuner.
However, he said, the police agency, “without valid and justifiable reasons refused to release and/or turn over the said vehicle” back to them.
“There is a possibility that the plaintiff’s vehicle would be damaged or even destroyed, hence plaintiff respectfully applies for the issuance of a writ of replevin,” he said. (KNR)
