CEBU, Philippines - The Regional Trial Court has dismissed the appeal filed by the Rough Riders, Inc. in the case the company filed against the police over the missing items of a passenger bus, saying the search and seizure conducted by the police and the arrest of its employees were valid.
Judge Simeon Dumdum Jr. believed that Police Inspector Marlon Gumabao, Police Officers 1 Edward Keith Barrameda and Henry Roda and Sangguniang Bayan member Elmer Tocao acted in the regular performances of their official duties.
“The Supreme Court has stressed in a number of cases that a search of a moving vehicle has been justified on the ground that the mobility of motor vehicles makes it possible for the vehicle to move out of the locality or jurisdiction in which the warrant must be sought. Thus, under the facts, the defendants-appellees could not be expected to secure a search warrant in order to check the contents of the sacks which were loaded in the baggage compartment,” the decision read.
On May 11, 2008, according to Rough Riders, Inc., police officers of Samboan Police Station apprehended its passenger bus with plate numbers VM-110 while it was being parked at its rented garage in Samboan for allegedly loading and transporting illegally extracted sand and pebbles.
The company’s bus driver, conductor and truck helper were also arrested and the police impounded the bus without issuing an impounding receipt and without conducting a physical inventory of the bus.
A complaint for violation of a municipal ordinance in relation to Republic Act 8550 prohibiting the extraction of sand and gravel/pebbles and fine sand in all beaches from Barangay Suba to Barangay Sebastian in Samboan was filed against the three, but was dismissed for lack of probable cause.
However, when the passenger bus was released upon court order, Rough Riders reportedly discovered that one of the spare tires and rim worth P30,000 were missing. Despite its demand, the police reportedly failed to return the missing items.
On January 6, 2010, the company filed a civil case for damages against the police, but it was dismissed by the Municipal Trial Court in Cities, prompting the firm to appeal the case before the RTC.
Dumdum, however, ruled on the issue of the missing spare tire and rim, saying the company did not immediately report such loss and that demanding its return “is highly unlikely and not consistent with the ordinary course of things.” (FREEMAN)