Patrol group sued for not releasing impounded car

Cebu - A couple from Talisay City has filed damages worth P200,000 against the Regional Highway Patrol Group-7 for reportedly failing to return their Nissan X-Trail after the patrol group confiscated the vehicle for alleged tampered chassis number last January 8.

Albert William Cunningham and his spouse, Marites, of Camella Homes-Talisay City have also asked the court to issue a writ of replevin by ordering the sheriff to take custody of the Nissan X-Trail from the defendants and to issue to the couple the right of possession on the confiscated vehicle.

Further, the Cunningham couple asked the court that if the delivery of the said vehicle cannot be effected, the defendants, specifically Police Chief Insp. Aldrin Abila, and other police officers - whose first names were not mentioned in the complaint - Carlos, Dacoylo, and Garcia are to pay the actual market value of the vehicle in the amount of P700,000 on top of the moral and exemplary damages worth P200,000 that the complainants have asked.

Aside from the damages, they have also asked the court to order the policemen to pay P50,000 in attorney’s fees and appearance fee of P2,500 per court hearing.

The Cunningham couple in their complaint said that last January 8, the Nissan X-Trail was flagged down by operatives of the Regional Highway Patrol Group-7 near Bright Academy. The police said that the last three digits of the vehicle’s chassis numbers are tampered.

Despite Albert’s explanation that the papers of the vehicle are clean, the defendants still took the said vehicle and told him that they will impound the car at their headquarters in Camp Sotero Cabahug.

However, in the receipt of impounding, the reason that was stated is “suspected illegal transfer of plate and spurious documents”, which is different from the alleged “tampered chassis number”.

The vehicle was subjected to a rigorous examination to determine whether the last three digits were really tampered, but the exam yielded negative result.

Because the result was negative, Albert asked the police for the release of the said vehicle but police refused to do so and told them that they will still conduct a second test, in the presence of the couple.

But in the second test, Abila told them that all the digits of their chassis number were tampered, which drew surprise from Albert because they were told that only the last three numbers of the chassis were tampered and that the test was conducted without their presence.

When they asked for the result of the second exam, they were not given the document. Instead they were given the Vehicle Information Management System Inquiry that a certain Nissan X-Trail silver model was stolen but the description was not that of the Nissan X-Trail that the couple owned.

Because their complaint fell on deaf ears, the couple decided to file the case. — Jasmin R. Uy/MEEV (THE FREEMAN)