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VOLUME XXIV No. 21
Tagbilaran City, Bohol, Philippines
December 5, 2010 issue
 

Hi-way patrol ‘holidup' van w/o court order under fire

 

THREE members of the highway patrol are in hot water for allegedly seizing or commonly called “holidup” a van-for-hire without court orders.  PInsp Joselito J. Lerion, P02 Philip Roy Peralta and P01 Exequiel M. Suico are facing I. S. Case No. VII-02-INV-10K-01784 for violation of RA 6530 or Anti-Carnapping Law filed last week by Lamberto C. Domasin and Rebecca I. Domasin before the Provincial Prosecution Office of Bohol. “Holidup” is an alleged impounding of suspected carnapped motor vehicles with semblance of perceived extortion, if not “ransom” money most likely demanded by the apprehending officers. Complainants alleged that “at the time the apprehending officers stopped us they had no valid warrant issued by the competent court and at the time when they apprehended us at Libaong, Panglao, Bohol, we were never issued a TOP for our alleged violations.”

The couple, who were heading to the beach, were flagged down by the highway patrol officers along Bolod, Panglao. They said they were made to believe that “holidup” reports “are true” since the apprehending officers (Peralta and Suico in this case) “have no justifiable reason nor probable cause” in impounding their vehicle. The couple represented by Atty. J. Albert Tinampay and Atty. Heidi O. Oracion said that they have valid documents with regard to the van. The van is registered with the LTO with Certificate of Regitsration No. 8009993-5 dated September 16, 2009 and supported by Official Receipt No.714336313, containing van license plate number YBA 348. It is a Nissan 12-seater with motor number TD27-984881 and chassis number TVP4L-EPE24A68898. They said they also have the Deed of Sale of the van exectuted as proof that they owned the van. It was then owned by a certain Shara Mae Pontero, of legal age and a resident of Matina, DAvao city. Peralta and Suico admitted they have impounded the said van as shown in the motor vehicle impounding receipt they issued to the couple. In the said receipt, the owner is printed the name of Pontero with address at Panglao, Bohol and the driver is Lamberto Domasin.

The apprehending officers reportedly believed that the said van is a case of carnapped vehicle. But the Land Transportation Office found no trace of carnapped case in this vehicle, they said.  What they were charged of is the violation of having no seat belt and the unauthorized color of the subject vehicle. When the LTO saw our documents supporting the veracity of the vehicle ownership, “They excluded the violation for having a green plate number,” they added. After they settled their obligation with the LTO they proceeded to the Camp Dagohoy where the vehicle is impounded but they were denied access to it but to no avail, the couple claimed.   The couple asked the court to order Peralta and Suico to pay them P100,000 and another P30,000 representing incidental expenses and exemplary damages, respectively, for their alleged “wanton and deliberately injurious and malicious acts” in connection with seizing their vehicle. (W/ Reports from Sen Guingguing)

  
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