SEIZURE OF 'HOT CARS'
Napolcom: TMG erred
By KIT BAGAIPO

CALIBO

The National Police Commission (Napolcom) regional office finds a "serious breach of operational procedures" against Traffic Management Group (TMG) operatives who seized 8 stolen vehicles here. The filing of appropriate administrative complaints against P/Insp. Doroteo Tolentino, PO3 Jason Calimba, PO2 Edwin Santos and PO2 Eddie Mahurom, all elements of the TMG-7 based in Cebu City is also expected by the Napolcom-7 from owners of alleged carnapped vehicles, according to a press statement yesterday from Napolcom-7 Director Atty. Bernardo Calibo. Calibo said, "From the facts gathered, it was not proper for respondents to suddenly stop the vehicle [of complainant] because Mr. Handel Sarabosing (complainant) was not committing any crime at the time."

"However, granting that it was suspected to be a stolen vehicle, Mr. Sarabosing's presentation of an official receipt, certification of registration , certificate of macro-etching and the positive declaration of the previous owner that he sold it to Mr. Sarabosing in a legitaimate transaction were enough basis to refrain from further confiscation of the vehicle," the Napolcom regional director said.

Moreover, the TMG -operatives did not have in their possession an Alarm Sheet indicating that Sarabosing's vehicle was indeed carnapped, according to Calibo.

He quoted PP vs. Danilo Laxamana y Zuñiga (CA-GR CR No. 24116, Jan. 12, 2005) that "it is only when the arresting officer is in possession of the Alarm Sheet (with the chassis and motor numbers) that he can further examine the chassis and motor numbers of the vehicle."

Early this week, Calibo, a Boholano, sent an investigator here to conduct an investigation amid public criticisms regarding the conduct of operations by the TMG operatives.

Eight cars were seized and four of which were already shipped to Cebu City, including those of complainants Sarabosing and Manalo.

In fact, an inquiry has likewise been initiated by the Sangguniang Panlalawigan (SP) after reports that stolen vehicles are being dumped here in the province allegedly by dealers who are connected with a nationwide carnapping syndicate.

According to Calibo, although a case has already been filed at the City Prosecutor's Office, the Napolcom decided to "look deeper into the veracity of the claims of the complainants on the administrative aspect of the case."

Based on its preliminary findings, Napolcom found "there was evidently a serious breach of the operational procedures on the part of the respondents (TMG team)."

Complainant Sarabosing narrated in his complaint-affidavit filed at the City Prosecutor that while driving his Mitsubishi Adventure with plate number AHB 423 last September 19, PO2 Santos allegedly jumped suddenly infront of his vehicle and ordered him to stop.

PO2 Santos kept on banging the side of the car while saying that it was a stolen vehicle. When Sarabosing demanded for a warrant or an order, the said policeman instead shouted at him.

Sarabosing said he and his wife were compelled to go to Camp Dagohoy where the other TMG operatives started opening and checking his vehicle while saying that it was carnapped.

This despite Sarabosing having presented to the TMG team the official receipt, certificate of registration, certificate of macro-etching and the affirmation of a legitimate sale by the original owner of the car, co-complainant Manalo.

When Manalo came to Camp Dagohoy to help Sarabosing clarify matters with the TMG, his own Mitsubishi Adventure with plate number AHE 415, was also confiscated by the operatives saying it was also stolen.

Three days after the TMG confiscated the cars, complainants found out that the vehicles were shipped to Cebu City "without their knowledge and consent."

According to Calibo, TMG-7 regional director P/Supt. Eleuterio Gutierrez, during a visit at the Napolcom-7 office early this week, promised to comply with the directive of the Napolcom to come up with a comprehensive list of registration requirements so that once one purchases a vehicle in compliance with all requirements he will have peace of mind and be secure from being accused of buying a stolen vehicle.

'NO WHITEWASH'

In a separate interview with the Chronicle, Gutierrez assured there will be no whitewash on cases being filed against the four TMG operatives and that "if found guilty, they will be dealt with the full force of the law."

Gutierrez likewise urged other owners of alleged stolen vehicles who were "unnecessarily harassed" by the TMG operatives to take legal action as being done by two of the "hot car" owners.

Gutierrez stressed he will not tolerate any of his men to be accused of improprieties as claimed by two carnapped vehicle owners who filed cases against four TMG men who seized 8 cars, purportedly in the TMG's 'hot cars' list.

"I challenge the aggrieved parties to file charges against particular TMG officers" according to Gutierrez.

According to the Central Visayas TMG chief, he will personally see to it that the erring policemen will be prosecuted.

Gutierrez admitted he already conducted an initial investigation against four Cebu-based TMG operatives who conducted the anti-carnapping operations here.

He said all four "completely denied" the allegations of complainants Manalo and Sarabosing, whose vehicles are now impounded at the TMG regional headquarters in Cebu City.

The accused policemen, however, should likewise be given a chance to give their side in the proper forum, Gutierrez said as the four who were charged have expressed willingness to answer the complaint filed against them.

Gutierrez added that the operatives were just following guidelines in bringing the seized cars to Cebu City, as mandated by policies of the TMG.