REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF TRANSPORTATION
LAND TRANSPORTATION OFFICE
TRAFFIC ADJUDICATION SERVICE
East Avenue, Quezon City

LTO - LES represented by

CHRISTIAN MAGWIN,
Complainant,

CASE NO. ________________

-versus- TOP NO. 167869520-05900716
FOR: 1 COLORUM

ALIMAR M. TUROGANAN,
Respondent Driver,
Protestant.
x---------------------------------------------x

RESPONDENT’S POSITION PAPER

RESPONDENT unto this Honorable Office, most respectfully submit

this Position Paper, and state:

PREFATORY STATEMENT

The Complainant LTO-LES represented by CHRISTIAN MAGWIN,

Filipino, of legal age with post office address at LTO, Traffic Adjudication
Service, East Avenue, Quezon City, where he could be served with
summons/notices and other legal processes of this Honorable Office.

The Respondent, ALIMAR M. TUROGANAN, Filipino, of legal age, and

a resident of 44P Narciso St., San Juan City, could be served with
summons/notices and other legal processes of this Honorable Office.

STATEMENT OF THE CASE

On November 6, 2019, complainant lodged its complaint against the

respondent for Colorum being the driver of the Nissan Urvan (NV350) with
Conduction Sticker number F1K654.
 In its complaint, arresting officer AP01 Raymond Dion stated in his
report that the respondent allegedly carrying out colorum operations at
NAIA Terminal 3, Open Parking Area.

STATEMENT OF THE FACTS

On November 20, 2019, respondent filed his Affidavit of Denial of

the charge, hereto marked as Annex “A” accompanied by a Sinumpaang
Salaysay of Mark Joseph H. Lat, marked as Annex “B”.

The said motor vehicle is actually registered under the name of one
Dhen Maguing Lidasan but was lately sold to Princess Ayah M. Turoganan
with postal address at B2 L5 1 Palmgrove Village, Buhay na Tubig, Imus,
Cavite, as evidenced by a Deed of Sale of Motor Vehicle with Assumption of
Mortage, marked as Annex “C”.

On November 5, 2019, on or about 9:00 pm, respondent together

with a friend arrived at NAIA Terminal 3 to meet also a friend of the latter.
They proceeded to the parking area, whereat respondent decided to take a
nap while waiting.

On the same date, at about 11:00 pm while waiting in the parking

area my friend’s friend arrived. Immediately after the latter had just
boarded the vehicle, respondent was approached by the Security Guard on
Duty telling him in the process that he is engaged in colorum operations.
Respondent reasoned out that he is not engaged in any colorum operation,
his presence in the parking lot is due to the fact that a friend of his
requested him to use the subject vehicle owned by his sister, Princess Ayah
Turoganan, to fetch a friend, Joseph Mark Lat, who was arriving from
Hongkong. However, the Guard on Duty just ignored him and called up the
Office of the Airport Police using his hand-held radio. After several minutes
had lapsed, Airport Police Officer 1 Raymond Dion arrived at the scene, and
there and then the details of the facts of respondent’s apprehension was
just relayed by the said Guard on Duty to the officer.

Subsequently, however, said Security Guard on Duty ordered Mark

Joseph H. Lat to disembark from the vehicle and was forced to sign a
complaint letter against the respondent. Thus, Mark Joseph Lat, who due to
exhaustion, lack of sleep, suffering from flu and being in a hurry to get
home for a rest, he just signed the complaint letter without any idea as to
the consequences thereof. However, when Mark Joseph H. Lat realized
later on that he signed a piece of paper the contents of the same he has no
idea at all as to the purpose/s why the Guard on Duty and the Airport Police
Officer had him hastily signed the same.

Thus, based on the a-foregoing facts and evidence on hand, firstly,

the Guard on Duty on mere suspicion apprehended respondent charging
him of being engaged in colorum operations within the premises of NAIA
Terminal 3. Other than that, will a mere suspicion sufficient enough for a
charge of being engaged in colorum operations. Further, is parking a vehicle
in the area intended for the same within the allowed area of Terminal 3
while waiting for somebody who is coming from abroad per request of a
friend be considered being engaged in colorum operations. On the contrary,
the acts of the Guard on Duty is plain and simple act of being incompetent
and acted arbitrarily and capriciously and he could be charged criminally
the minimum of which is Unjust Vexation, and so with Airport Police
Officer 1 Raymond Dion. The latter could even be administratively charged
for Ignorance of the Law, Irregularity in the Performance of Duty and
Abuse of Authority, among others. Likewise, Civil Liability could not be
discounted for having deprived the owner of the vehicle the right to use her
property acquired lawfully. Why, he relied only on the false facts relayed by
an incompetent Guard on Duty. He has no personal knowledge at all of the
facts which came from an unreliable source. Saying all these without malice
and no offense intended at all. Truth hurts but there is no substitute for
truth.

PRAYER

WHEREFORE, in the light of the foregoing, it is most respectfully

prayed of with the kind indulgence of this Honorable Office that the vehicle
(Nissan Urvan NV350) with Conduction Sticker number F1K654 be released
to its lawful owner (Princess Ayah M. Turoganan).

Quezon City, 29 November 2019.

ATTY. NARZAL B. MALLARES

No. 2 Sct. Dr. Lazcano cor. Mo. Ignacia St.
Brgy. Paligsahan, Quezon City
PTR No. 7773993/2-18-2019/Quezon City
IBP No. AR53714134/2-19-2019/Quezon City
MCLE No. VI-0017109/01-10-2019
Roll of Attorney: 29557
Cellphone No. 0906-2767254
 VERIFICATION

I, ALIMAR MAMANDRA TUROGANAN, Filipino and legal age, after

having been duly sworn to in accordance with law, depose and say that:

I am the respondent in the above entitled case Temporary

Operator’s Permit No. 167869520-05900716; I have caused the preparation
of the foregoing document and I have read the same and the content of
which are true and correct of my own knowledge and/or on the basis of
authentic documents.

AFFIANT SAYETH NAUGHT.

 In witness whereof, I hereunto affixed my signature this 27th day of
November 2019.

Alimar Mamandra Turoganan

Affiant

REPUBLIC OF THE PHILIPPINES)

METROPOLITAN MANILA ) S.S.
QUEZON CITY )

SUBSCRIBED AND SWORN to before me this 27th day of November

2019: affiant exhibiting me his drivers license with number N01-11-022709
issued respectively at Quezon City.

WITNESS MY HAND AND SEAL this 27th day of November 2019.

DOC. NO. :_____________ NOTARY PUBLIC

PAGE NO.:_____________
BOOK NO.:_____________
SERIES OF 2019