Gako firm on quashing CIDG search warrant

Regional Trial Court judge Ireneo Lee Gako Jr. stood firm on his decision quashing the search warrant he issued to the Criminal Investigation and Detection Group and ordered for the release of the controversial sports car that it seized from a businessman in Pardo.

This after Gako denied the motion for reconsideration filed by the CIDG, saying he did not see "cogent reason to reverse his decision."

Gako maintained that only the Bureau of Customs has the authority to order the seizure of the vehicle. Customs district collector Maria Lourdes Mangaoang earlier questioned the operation of the CIDG, arguing that it has no authority to implement the Tariff and Customs Code of the Philippines.

Upholding Mangaoang's argument, Gako then quashed the search warrant he issued to the CIDG and ordered it to return the seized vehicle to its owner, businessman Russ Jao.

"Had the court been properly informed that the right hand vehicles were not in such condition that they can be registered, used or operated, the court would not have issued the questioned search warrant," Gako said. But instead of complying with the court order, the CIDG challenged it by filing a motion for reconsideration, which was then dismissed by the court.

On the night of August 5, the CIDG raided Jao's car shop, Sanix Surplus, in barangay Kinasang-an and seized a Toyota sports car. The raid, based on a search warrant issued by Gako, stemmed from reports that Jao was keeping Nissan Terrano, Mitsubishi Pajero, Toyota Surf, Toyota Land Cruiser and Isuzu Big Horn, alleged to be right-hand-drive vehicles.

However, policemen only seized the Toyota MRS Sedan, which has no steering wheel. But the car's seizure was deemed illegal since it was not covered by the search warrant that Gako had issued. Earlier, Gako defended the issuance of the search warrant, saying that policemen discovered the car in "plain view."

Toyota Cebu City then inspected the vehicle and came up with a conclusion that it was a right-hand-drive car. But despite the finding, Gako ordered for the release of the vehicle. - Fred P. Languido