CIDG and Santos fight over Pajero

CEBU, Philippines - The Mitsubishi Pajero owned by Bella Ruby Santos, who has been charged in the kidnap-slay of six-year-old Ellah Joy Pique, is now the subject of a legal battle.

The Philippine National Police (PNP) Criminal Investigation and Detection Group (CIDG) would not yet release the vehicle despite the order to Regional Trial Court Judge Meinrado Paredes for the vehicle to be returned to its owner.

The CIDG through its counsel Inocencio de la Cerna has asked for a partial reconsideration on the decision of Paredes for them to continue to hold on to the Sports Utility Vehicle (SUV) and for the court to examine the plate number of the vehicle.

“If this Honorable court would conduct an actual inspection of the subject vehicle, it would readily observe that the tampering is not readily noticeable and was obviously made with the intention to mislead whoever may be observing the same,” motion read.

The CIDG alleged that there was an effort made by the camp of Santos to tamper the plate number of the Pajero from LMJ-382 to LHJ-382.

This has been vehemently denied by Santos’ camp through her lawyer Rameses Villagonzalo.

Villagonzalo has also filed a motion asking the court to cite the CIDG in contempt for its failure to release the Pajero to its owner despite the order of the judge.

He also said that it was definitely not their client who tampered with the plate number of the vehicle and alleged that the police might have done it.

De la Cerna said that the respondents tampered with the plate number to mislead observers and lessen the possibility of it being traced to its owner.

The CIDG lawyer said that witnesses said that the SUV had the plate number LHF-382, which they used in the application for a search warrant.

The witnesses claimed to have seen the vehicle in barangay Sayaw, Barili town shortly past midnight last February 9 in the spot where the body of Pique was found later that day.

The same was also what the policemen doing surveillance on the residence of Santos in barangay Inayagan, Naga City saw.

De la Cerna said that it was only when they served the warrant when they saw that the vehicle’s plate number is LMJ-382 upon close inspection of the SUV.

Villagonzalo, however, said that they strongly believe that the CIDG tampered the plate number.

The camp of Santos claimed that “the CIDG already mislead the court in its application for the questioned search warrant notwithstanding the lies, inconsistencies and fabrications made by the applicant and witnesses.”

Paredes decided the other day not to quash the search warrant he issued, but ordered the CIDG to release the vehicle as well as several items that were not included in the application for the warrant.

Paredes said the Pajero should be returned to owner as the CIDG seized the wrong vehicle and none of the witnesses, including Police Chief Inspector Fermin Armendarez, mentioned that the plate number of the SUV seized was tampered.

However, de la Cerna said the alleged tampering of the plate number was only discovered after the vehicle was seized.

“It must be noted that while private witnesses Ligaya Escultos and Richard Ian Bruce Bansuan stated they were able to record the plate number of the Pajero as it passed by and no statement given by them that they had the opportunity to closely examine the plate number,” de la Cerna said.

De la Cerna added what Escultos and Bansuan told them that they saw the vehicle with plate number LHJ-382 was true when police officers who conducted the surveillance did see the plate number through a gap in the gate of the house.

De la Cerna said if the vehicle will be returned to owner this would in effect, allow respondent to further benefit from her alleged act of tampering the plate number.

Contempt

Villagonzalo said when they presented the order of Paredes to the CIDG yesterday, but the police unit refused to release the vehicle.

“Such refusal is a plain and simple disobedience to a lawful court order amounting to a contemptuous act punishable under Section 3, Rule 71 of the Rules of Court,” he said.

Santos also said the CIDG is “like a spoiled brat that cannot be controlled and cannot be disciplined.”

Santos also stated in her motion that CIDG filed a fabricated case before the Provincial Prosecutor’s Office against her and her partner Griffiths for kidnapping with homicide.

Santos then respectfully moved and prayed that CIDG and its officers be cited and adjudged “guilty” for indirect contempt for their refusal to give the Pajero to her.

She said what the CIDG did in filing a partial reconsideration in court may be a dilatory tactic. She added her very urgent motion filed also be served as her comment and opposition to the motion for partial reconsideration of CIDG.

Paredes told media yesterday that the CIDG has 15 days to return the vehicle.

Four more cases

Acting Cebu Provincial Police Office director Patrocinio Comendador, spokesman of Task Force Ellah Joy, said they still have four other cases to be filed against the suspects.

Two of the cases are violations of RA 9208 or Anti-Trafficking in Persons Act of 2003 and RA 9775 or Anti-Pornography Act.

The task force already received a verbal report from higher headquarters that indeed Ian Charles Griffiths was arrested and Comendador said that a formal letter of notification will be given to them soon.—with Ria Mae Y. Booc/NLQ (FREEMAN)