An owner of a motorcycle impounded by the city police station threatened to file a case after finding out that the motorcycle could no longer be located.
One Leonardo C. Toledo Sr., a resident of barangay Valladolid in Loboc, was prompted to formally demand for the release of his motorcycle after the city police failed to produce after two months since they had paid the fine.
In his letter dated September 27, 2017 addressed to acting chief of Police of Tagbilaran City, Supt. Patricio Degay Jr., and PO2 Arestio Del Rosario, Toledo stated that he might be forced to file a case if the city police would still fail to produce his motorcycle.
Toledo narrated that his yellow Suzuki Smash 115 motorcycle registered in his name impounded by the city police on July 26 through Del Rosario based on a traffic citation ticket issued to his son, Mark Brian Toledo.
He said that his son went to the City Traffic Management Office (CTMO) on July 27 “to settle the fine and penalties imposed in accordance with the citation ticket”.
However, his son “discovered that the same motorcycle which was placed in front of the police station’s main door was not there”.
His son said that the motorcycle could not even be found within the vicinity of the city police station “despite diligent search exerted”.
Toledo attached in his letter as proof, “a copy of a police report extracted from the main blotter of the city police station dated August 3, 2017” narrating the incident.
“I am now formally demanding that after the settlement of the fine and penalties, the same motorcycle which I am the registered owner be turned over to me,” Toledo stated in his September 27 letter.
He pointed out that failure by the city police to produce his motorcycle may indicate that Degay or other persons under his command “has put such missing property to personal use”.
Toledo added that the police officers could be “liable for violation of Article 217 of the Revised Penal Code for malversation of public funds or property”.
“Considering that the same motorcycle is placed in your custody even if such property belongs to a private individual, the provisions of Article 217 will still apply as the same was impounded, seized and deposited in your station,” according to Toledo.
On this, he urged Degay and Del Rosario to heed his “formal demand as failure” to do so will force him “to file the necessary legal action with the proper court or tribunal in order to protect my right and interest”.
The city police officers reportedly tried to settle it by paying for the lost motorcycle with an amount they preferred to set, but failed to convince Toledo.