Judge Gako reiterates order returning seized car to BOC

Regional Trial Court Branch 5 presiding judge Ireneo Lee Gako, Jr. reiterated his order that the controversial Toyota sports car of businessman Russ Jao be turned over to the Bureau of Customs.

In his order dated November 10, Gako made it clear that the vehicle should first pass through the BOC, which would then turn it over to Jao. The car is now under the custody of the Criminal Investigation and Detection Group.

"The court believes that the proper procedure for the return of the Toyota MRS is not directly to Mr. Jao, but through the Bureau of Customs, for the latter to find out whether there are fees due to the government," Gako's three-page order stated.

Gako's order came after the sheriff of court on Thursday returned unserved his October 28 order demanding the Criminal Investigation and Detection Group to release the car.

The sheriff, who then went to the regional office of the CIDG to get the car, was told by CIDG counsel Inocencio dela Cerna that the vehicle was already turned over to the BOC as ordered by the court.

However, Gako explained that the vehicle could only be returned to Jao if he can pay all the fees due to the government.

The court has given the CIDG until yesterday to turn over the car to the sheriff, who will then bring it to the BOC today.

Gako ordered the release of the right-hand-drive car in September after he quashed the search warrant he had issued for its seizure.

According to Gako's resolution, "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 been issued the questioned search warrant."

Jao, through his counsel Francisco Malilong, questioned the seizure of the car, reasoning out that the court has no right to issue the search warrant since the BOC has jurisdiction to implement the Tariff and Customs Code.

The CIDG raided Jao's surplus shop in Barangay Kinasang-an on August 5 and seized the sports car, which was not covered by the search warrant.

Gako had defended himself for issuing the search warrant, saying that the authorities discovered the car in "plain view."

But after granting Jao's motion to quash the search warrant, Gako then ordered for the release of the car to Jao through the BOC.