Search warrant vs former TMG exec upheld

A Bataan regional trial court judge has junked for lack of merit the appeal of the relieved Central Luzon chief of the Traffic Management Group (TMG) to quash the search warrant used in raiding his Bataan residence where stolen and cannibalized motor vehicles were seized three months ago.

The order of Mariveles RTC Judge Bartolome Flores dismissing the motion to quash the search warrant filed by Superintendent Napoleon Cauyan paves the way for the filing of criminal charges against him.

"The stenographic notes taken during the application for the issuance of the questioned search warrant was the best evidence that the court issued the warrant in accordance with the requisites for a valid search warrant," said Flores in his order dated July 31.

Aside from facing charges of keeping stolen and cannibalized motor vehicles, Cauyan has been relieved as TMG-Region 3 chief.

He also faces administrative charges for allegedly falsifying documents to support his entry into the police force.

In his six-page order, Flores said the court issued a search warrant for alleged violation of Republic Act 6539, or the anti-car theft law, on the request of Inspector Rommel Macatlang, SPO2 Jose Alcantara and PO3 Enrico Set, all belonging to the Criminal Investigation and Detection Group.

The CIDG agents claimed that they got information that stolen and cannibalized vehicles were being kept in Cauyan’s house in Barangay Baseco, Mariveles town.

In applying for the search warrant, they said they saw six motor vehicles — a red Nissan Patrol, blue Honda, a Mercedes Musso, Mitsubishi Adventure, Ford Expedition, and a motorcycle — and assorted vehicle parts, all believed stolen, when they conducted a two-hour stakeout in the area.

During the raid though, the CIDG only found the Nissan Patrol, a red Nissan pick-up, a Honda vehicle with its chassis and motor serial numbers tampered, and cannibalized parts of a Pajero.

Despite all the evidence, Cauyan, through his lawyer, argued that the search warrant should be quashed for being null and void and that any items seized by virtue of the questioned search warrant should be suppressed.

But Macatlang said the vehicle parts, among other things found in Cauyan’s residence, were enough to support probable cause and that the search was transparent, having been covered by two television networks — GMA and ABS-CBN.

Besides, he said the search was "orderly and peaceful" since officials of Barangay Baseco assisted the CIDG.