Pasay City judge ordered to pay P20,000 in fines

The Supreme Court (SC) has ordered a Pasay City Judge to pay P20,000 in fines for allowing a sheriff to use a 1998 Mitsubishi Lancer confiscated from two Chinese nationals ,arrested by the police during a buy-bust operation in 1998.

Court records showed that on Aug. 25, 1998, Superintendent Manuel Barcena, then chief of the Regional Drug Enforcement Office of the Philippine National Police-National Capital Region Police Office (PNP-NCRPO), and his men conducted a buy-bust operation along Zamora st. in Pasay City.

Barcena’s group subsequently arrested two Chinese nationals, namely Shien Ngo Chia and Ping Chua Shiong for violations of Republic Act 6425 or the Dangerous Drugs Act of 1972.

Barcena’s group also seized a 1998 Mistusbishi Lancer, with licence plates WEW-323, and a 1995 Nissan Sentra, with license plates UDE-228.

The cases of the two Chinese nationals were raffled off to Branch 116 of Pasay RTC and was tried by Judge Gingoyon.

Barcena said Gingoyon gave custody of the two vehicles to Sheriffs Leoncio Gutierrerz Jr. and Reynaldo Mulat and ordered Barcena to turn over the two vehicles to the sheriffs despite the elevation of the records of the cases to the Court of Appeals (CA).

Gingoyon also issued an order dated Jan. 3, 2000, denying a motion for the release of the vehicles filed by the counsel of the two Chinese nationals on behalf of the registered owners.

Barcena claimed that on March 25, 2000, while performing his functions as the new chief of police of Bacoor, Cavite, he chanced upon the Lancer parked in a vacant lot in Soldiers Hills IV subdivision in Molino, Bacoor.

He learned from residents that Sheriff Mulat has been using the Lancer for the past eight months.

Barcena then asked Mulat for the registration papers and his authority to use the Lancer, but Mulat could not produce any, prompting him to tow the car and bring it to their station for verification and proper disposition.

Barcena said Gingoyon committed grave abuse of authority for allowing Mulat to use the car for his personal benefit. — Jose Rodel Clapano