Court orders release of held container van

The Regional Trial Court has ordered the release of a forty-footer container van seized from an auto parts shop in Lapu-Lapu City after it was found out that there was no violation committed by the owners contrary to the allegation of the complainants.

Judge Geraldine Faith Econg of the RTC in Lapu-Lapu City ordered the release of the van in favor of Image Autoparts and Hydraulic Center, Julian Tan, Tommy Ong, Titing Gabuya, Danny Requiron and Edison Menderil as its rightful owners.

Econg quashed the search warrant earlier issued by the court against the Image Autoparts last January but the items seized from them was not immediately returned because Customs collector Ernesto Urbano of Mactan refused to release the van.

Urbano prayed for the holding in abeyance of the execution of the order pending verification of payment of taxes and duties. Upon inspection customs examiners at the Mactan Economic Zone said that the contents of the van were similar to scrap materials they previously examined at Lear Philippines at MEZ 1 in Lapu-Lapu City.

Lear Philippines is the complainant who asked for the seizure of the van saying it belonged to them.

However, Econg said in a two-page order releasing the van said that there is no plausible if not legal reason to prevent the release of the seized items inside the van. Econg said she has also given enough time to customs officials to check whether the owners of the seized items have properly paid the customs duties and taxes but no records have been submitted to the court.

Econg said there was also no evidence showing that Image Autoparts violated the Anti-Fencing Law as alleged by Lear Philippines. The seized items were already recovered by Image Autoparts last Saturday following the March 9 order of the court reiterating its January 20 order quashing the search warrant issued against the respondents. - Fred P. Languido