Woman sues cops for impounding her car

CEBU, Philippines – A woman has filed a complaint against the elements of the Highway Patrol Group for allegedly impounding her vehicle without any legal basis.

Gemma O. Lim, owner of a van that was impounded by the HPG-7 last July 21, filed a civil case for writ of "replevin."

Replevin, also known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require the accused to return specific goods to the complainant at the outset of the action.

The case was raffled to Branch 12 under presiding Judge Estela Alma A. Singco.

Lim, a resident of Cebu City, said in her complaint that on July 21, at 2:35 p.m., her driver Leony Loreto was apprehended on the ground that he was not wearing seatbelt.

The apprehending officers were composed of the elements of the HPG-7 namely PO3 Marcelino Dacoylo, PO1 Michael Montilod and a certain PO2 Maceren.

According to Lim, while Loreto was driving along M.J. Cuenco Avenue, he was flagged down by Maceren and was informed by the latter that he committed a crime.

Loreto wondered what crime he committed but he managed to stop the engine of the vehicle and asked Maceren what was his violation.

However, instead of explaining what his violation was, Maceren allegedly took Loreto's drivers license while Montilod approached Maceren and Loreto and told Maceren to impound the vehicle.

Loreto was then told by Maceren to go to their office at the Camp Sotero Cabahug on Gorordo Avenue despite his plea to allow him first to call the owner of the vehicle. Maceren allegedly told him to just follow them to the police office and he will explain his violation.

While at the police office, Loreto claimed he was asked to alight from the vehicle and later, two persons approached them and examined the vehicle by putting "something" under the front passenger seat.

Thereafter Loreto called Lim, the owner of the vehicle, who later came to the police office. Lim allegedly made a several representation with the HPG-7 to recover the vehicle, arguing that it should not included if the driver committed the crime.

"The vehicle was wrongfully brought by the police officers at their office without any legal basis and has not been for assessment of fine pursuant to law," Lim explained.

Meanwhile, in her complaint, Lim prayed that the court grant her writ of replevin by ordering the accused to deliver her vehicle and if the vehicle's delivery may not be possible, the accused be ordered to pay her, the value of the vehicle amounting to P350, 000. (THE FREEMAN)