Motion To Release Vehicle-Arnel Blanco

Republic of the Philippines
REGIONAL TRIAL COURT

Second Judicial Region
BRANCH 24
Echague, Isabela
PEOPLE OF THE PHILIPPINES ,

Plaintiffs,
-versus- CRIM.CASE No. 24-2687

For: Violation of Section 11 of
R.A. No. 9165
CRIM. CASE No. 24-2688

For: Robbery
ERICSON MONSAYAC y MENDOZA,

Accused.
x ------------------------------------------------ x
MOTION TO RELEASE MOTOR VEHICLE
MOVANT, through counsel, to the Honorable Court, most respectfully

states THAT:
1. The accused was charged of two Criminal Information namely,

Violation of Section 11of R.A. No. 9165 and Robbery;
2. The Criminal Information for Violation of Section 11 of R.A. No. 9165

was already dismissed by this Honorable Court while the Criminal Information for
Robbery is pending trial before the same court;
3. One of the evidence submitted during the Inquest Proceeding for the
two cases is a RUSI Motorcycle, color blue, without plate number, bearing Chasis
No.*LB2XG86DHE6001754* and Engine No. 150FMG*E6GOO1754* registered
under Rosanna F. Bauit. Copy of the Certificate of Registration and Original
Receipt are hereto attached as Annexes “1” and “2”, respectively;
4. Rosanna F. Bauit, who was issued the Original Receipt and Certification
of Registration of the subject motorcycle has longtime surrendered the said
motorcycle to LUZON RAM CYCLES INCORPORATED (LRCI) for failure to pay the
remaining amortization dues;
5. Sheril G. Monsayac, the wife of the accused acquired the subject motor
vehicle from LUZON RAM CYCLES INCORPORATED (LRCI) by way of
Conditional Sale wherein, Sheril G. Monsayac will be issued the Deed of Absolute
Sale upon full payment of the purchased price of the said subject motorcycle. At
present, Sheril G. Monsayac has not yet complied with her obligation with LUZON
RAM CYCLES INCORPORATED (LRCI). Copy of the Certification issued by
LUZON RAM CYCLES INCORPORATED (LRCI)is hereto attached as Annex “3”;
6. At present, said subject motorcycle is impounded at PNP Station, Jones,

Isabela as evidenced by a Certification issued by Chief of Police of PNP Jones,
Isabela dated January 29, 2019, copy of which is hereto attached as Annex “4”;
7. Movant has executed an Affidavit of Undertaking (Annex “5” hereof)

dated February 15, 2019 and attached therewith are the photographs depicting the
subject motorcycle and the stencil of the engine. Copy of the photographs is hereto
attached as Annex “6” and the stencil of engine as Annex “7”, respectively;
8. Movant desires that the subject motorcycle be released considering the

present state of the motor vehicle results in its unwanted deterioration as it is being
exposed to excruciating heat of the summer sun, much more, surreptitious removal
of its parts as it was merely parked outside the police station and open to any
passersby; thereby rendering it almost unserviceable and to the detriment of LRCI
which retained ownership over the said motor vehicle;
9. The subject motor vehicle is not a prohibited item per se and herein
Movant is not included in the crimes charged;
10. Movant undertakes to submit to the Honorable Court the subject

motorcycle for ocular inspection or whenever it is needed as evidence in court;
11. Movant undertakes not to dispose of the subject motor vehicle pending
the litigation of the case against the accused.
PRAYER
WHEREFORE, on the basis of the foregoing, it is so respectfully prayed

of the Honorable Court that the foregoing Motion be favorably granted and to
direct the Chief of Police of PNP Jones, Isabela to immediately release the subject
motorcycle to herein movant as the lawful owner upon presentation of the
documents evidencing ownership.
Other reliefs just and equitable under the foregoing are likewise prayed for.
Santiago City, Isabela for Echague, Isabela, February 15, 2019.
CRUZ LAW OFFICE

Counsel for the Movant
Garzon Bldg., San Fabian
Echague, Isabela
By:
ATTY. FRANKLIN M. GUITANGNA
Roll No. 71940
PTR No. 10793692/ 01- 03-19/Isabela
IBP Receipt No. 043019/05-17-2018
MCLE Comp. No. V-0005915/10-01-2018
MCLE is valid until April 14, 2022
[email protected]/ 0905-866-9095
The Branch Clerk of Court

Branch 24, RTC,
Echague, Isabela
Please include in the calendar for HEARING on February 21, 2019 at 8:30
o’clock in the morning the foregoing Motion for the approval of the Honorable
Court without further oral argument. Thank you.
FRANKLIN M. GUITANGNA
NOTICE OF HEARING
THE HONORABLE PUBLIC PROSECUTOR

Branch 24, RTC,
Echague, Isabela
Please take notice that the foregoing Motion shall be HEARD on February
21, 2019 at 8:30 o’clock in the morning for the approval of the Honorable Court
without further argument.
FRANKLIN M. GUITANGNA
Copy furnished (personal service)
THE HONORABLE PUBLIC PROSECUTOR

Office of the Provincial Prosecutor
Echague, Isabela

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Republic of the Philippines

REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES ,

-versus- CRIM.CASE No. 24-2687

CRIM. CASE No. 24-2688

ERICSON MONSAYAC y MENDOZA,

MOTION TO RELEASE MOTOR VEHICLE

MOVANT, through counsel, to the Honorable Court, most respectfully

1. The accused was charged of two Criminal Information namely,

2. The Criminal Information for Violation of Section 11 of R.A. No. 9165

6. At present, said subject motorcycle is impounded at PNP Station, Jones,

7. Movant has executed an Affidavit of Undertaking (Annex “5” hereof)

8. Movant desires that the subject motorcycle be released considering the

10. Movant undertakes to submit to the Honorable Court the subject

WHEREFORE, on the basis of the foregoing, it is so respectfully prayed

Santiago City, Isabela for Echague, Isabela, February 15, 2019.

CRUZ LAW OFFICE

The Branch Clerk of Court

THE HONORABLE PUBLIC PROSECUTOR

Copy furnished (personal service)

THE HONORABLE PUBLIC PROSECUTOR

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