Mangaoang feels vindicated over release of car

Customs district collector Maria Lourdes Mangaoang feels vindicated over the order of the court to release the controversial Toyota sports car earlier seized by the Criminal Investigation and Detection Group from a businessman in Pardo.

Mangaoang said Regional Trial Court judge Ireneo Lee Gako Jr. sustained her argument that CIDG has no authority to implement the Tariff and Customs Code of the Philippines when it quashed his own search warrant and ordered the police to return the seized vehicle to its owner, Russ Jao.

"Had the court been properly informed that the right hand vehicles were not in such condition that these can be registered, used or operated, the court would not haven issued the questioned search warrant," Gako said in his order.

Mangaoang and CIDG earlier engaged in a turf war that even resulted to filing of charges and counter charges.

Jao earlier filed a motion to quash the search warrant based on the argument that the court has no jurisdiction to issue the search warrant as it was the Bureau of Customs that has the exclusive jurisdiction to apprehend imported surplus vehicles, which Gako sustained.

CIDG raided on the night of August 5 Jao's surplus shop in Barangay Kinasang-an, Cebu City, which resulted to the seizure of one Toyota sports car. The raid was based on a warrant issued by Gako alleging that Jao was keeping in his shop, Sanix Surplus, right-hand-drive vehicles: Nissan Terrano, Mitsubishi Pajero, Toyota Surf, Toyota Land Cruiser, Isuzu Big Horn, and Importation Documents.

However, policemen only seized a Toyota MRS Sedan 2004 model without a steering wheel. But its seizure was illegal as it was not covered by the warrant Gako issued. But Gako, earlier defended himself for issuing the questionable search warrant by saying that policemen discovered it in "plain view."

Following this controversy Gako made an ocular inspection of the vehicle and since it was only an expert that could tell if the motor vehicle was indeed an RHD the court commissioned its manufacturer, Toyota, to do the inspection.

Romeo Abe tasked by Jose Manuel Cuenco of Toyota Cebu City made the inspection and came up with a conclusion that the questioned vehicle is a right-hand-drive. But, despite the expert opinion Gako ordered the release of the vehicle. - Fred P. Languido