RAMIREZ
In his explanation submitted to Gov. Hilario P. Davide III in reaction to this column dated March 7, 2018, questioning the release of confiscated Liquefied Petroleum Gas (LPG) refilling machines among other items that served as evidence in a case disposed by the court that found the suspect guilty, Provincial Legal Officer Orvi G. Ortega wrote that this writer’s opinion is “entirely false, malicious and downright contemptuous.”
Ortega’s letter that was made available by the governor to local media stated that the provincial government’s release of the items confiscated from Maria Amor Mahinay who pleaded guilty to the court for operating an illegal butane refilling station in Minglanilla town is based on the absence of a specific directive from the court forfeiting the items in favor of the government.
In an inter-office memorandum obtained by this columnist addressed to then Regional Director Antonio E. Labios of the Department of Energy (DOE) dated July 13, 2017, Atty. Russ Mark Gamallo of the DOE’s legal department questioned the release of the items to a certain Roger Bernabe Amadeo.
Based on the police inventory of confiscated items, the LPG refilling machine and other items belong to Mahinay and not to Amadeo.
Quoting part of the memorandum: “Granting without admitting that the release order was for the release of Mr. Amadeo’s confiscated items, why is it that the items released are not the items owned by Mr. Amadeo but of Ms. Mahinay’s?”
Based on the certification issued by the Provincial Environment and Natural Resources Office (Penro) signed by Baltazar Tribunalo dated May 19, 2017, Amadeo was arrested by the police in his sari-sari store in Barangay Tulay, Minglanilla, for retailing an LPG filled butane canister.
He is facing a separate case that is still pending in the court for selling prohibited items and not for operating an LPG refilling station.
Ortega is correct in his claim that there was no specific court order forfeiting the items in favor of the government despite being tools in the commission of the crime.
But the July 4, 2017 order of the presiding judge of the Municipal Trial Court of Minglanilla also did not direct the release of the refilling machine and other items.
In the absence of a specific directive from the court to forfeit the items in favor of the government, there is also no mention that the court has transferred to the provincial government the jurisdiction over the said items offered as evidence in a criminal case granting them rights over its disposal.
In the absence of a clear and specific directive from the court, there must have been a clarification or a formal motion made by the provincial government seeking clarification from the court on what to do with the items before any action would be imposed to insure that it would not be used again for any illegal activity.
In my layman’s understanding even after the disposition of the case, the items submitted as evidence in a trial stay under the court’s jurisdiction.
Therefore no one can touch or dispose of it even if the physical custody of the refilling machine is with the provincial government being stored in one of its properties for safekeeping.
In addition, Article 45 of the Revised Penal Code provides for the confiscation of the proceeds of the crime and the instruments or tools with which it was committed and subsequently the forfeiture in favor of the government of these instruments or tools unless these are the properties of the third person not liable for the offense.
A machine copy of a certification dated May 22, 2018, signed by Labios also showed that the department has not issued a Standard Compliance Certificate (SCC) to Mahinay to engage in the business in the LPG industry especially in the refilling, distributing, storing, hauling of LPG.
I hope that the provincial government will realize that the release of the refilling machine that does not have a permit is actually another opportunity to operate illegally aiding to the commission of another crime.
The question now is who stands to benefit from the release of the refilling machine? I don’t know if the interoffice memorandum addressed to Labios has ever reached Governor Davide.
But I am challenging the leadership of the DOE regional office to file a complaint against the provincial government personnel mentioned in the document to settle once and for all who is peddling falsity, malice and committed contempt of court.