MANILA — In line with the government’s drive against corruption, the National Bureau Investigation (NBI) announces the filing of charges before the Office of the Ombudsman against two (2) employees of Makati City Government for alleged Carnapping and Obstruction of Justice.
NBI-Officer-In-Charge (OIC) Director ERIC B. DISTOR identified the subjects as ANSELMO ATIENZA y MORENO, former Officer-In-Charge (OIC) of Impounding Unit and currently assigned at Makati City – Public Safety Department (PSD) and REYNALDO C. PONCE, assigned at the Makati City – General Services Department.
Director DISTOR said that the case stemmed from a complaint filed by the owner of a Honda big bike, which was unlawfully taken by the above-named Subjects.
According to the complaint, sometime in 2018, the subject motorcycle was confiscated and brought to the Impounding Unit of Makati City-PSD located at Urban St., Brgy. Pio Del Pilar, Makati City.
The motorcycle was apprehended during a checkpoint conducted by the elements of the PNP Makati for City Ordinance violation.
However, before the Complainant had a chance to redeem the impounded motorcycle, he found out that his motorcycle was missing at the Impounding Unit. The complainant tried to locate his motorcycle but to no avail.
After some time, the Complainant received information regarding the whereabouts of his motorcycle.
Thus, the complainant informed the operatives of NBI-AGD regarding the information received by the complainant. NBI-AGD operatives immediately conducted a surveillance operation and confirmed the information regarding the whereabouts of the motorcycle.
Thus, the operatives applied for a Search Warrant, which was obtained from RTC Branch 5, Lemery, Batangas against the premises of Subject ATIENZA located at Bauan-San Luis Road, Barangay Taliba, San Luis, Batangas.
NBI-AGD operatives implemented the Search Warrant, which resulted in the recovery of the subject motorcycle. Macro-etching examination conducted by NBI-Forensic Chemistry Division revealed that the motorcycle recovered by the NBI-AGD is the same motorcycle as the complainant.
In his defense, Subject Atienza claimed that the motorcycle seized by the NBI was gifted by him to the occupant of the premises where the motorcycle was seized. Subject Atienza added that he allegedly bought the motorcycle in scrap or junk condition in Makati City from junkshop McJO Trading (McJO) – the supposed winning bidder after said motorcycle was allegedly disposed of through a public auction by the City Government of Makati.
Subject Anselmo presented a Delivery Receipt in support of his claim. However, an investigation by the NBI-AGD revealed that the motorcycle of the complainant was not included in any public auction by the City Government of Makati. Further, the supposed “Delivery Receipt” pertaining to the said motorcycle was fraudulently obtained and falsified.
Thus, on May 5, 2022, NBI-AGD filed charges against Subject Atienza before the Ombudsman for Malversation under Article 217 of the Revised Penal Code; Violation of Sections 3 and 4 of R.A. 10883, otherwise known as the “New Anti-Carnapping Act of 2016”; Use of Falsified Documents under Article 172, paragraph 3 of the Revised Penal Code (RPC); Violation of Section 4(A)(a) and (b), in relation to Section 11 of R.A. 6713, otherwise known as “Code of Conduct and Ethical Standards for Public Officials and Employees”; and Serious Dishonesty and Grave Misconduct under Section 50 of Paragraph A(1) and A(3) of the 2017 Rules on Administrative Cases in Civil Service pursuant to Administrative Code of 1987.
In addition, Subject Ponce was included in the charge for Obstruction of Justice, who knowingly and willfully obstructs, impedes, frustrates, or delays the apprehension of suspects and the investigation of a crime. Subject Ponce induced McJO to produce a Delivery Receipt in order to make it appear, and support the defense of Subject Atienza that the subject’s motorcycle was bought from McJO. (Kiara Lauren Ibanez/BENJAMIN CUARESMA/ai/mtnv)