Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION TO RELEASE MOTOR VEHICLE

Accused, by counsel, to this Honorable Court respectfully states:

That in the hearing for the Petition for Bail held last 12 December 2013, it was admitted by PO1 Engelbert Villafranca, one of the arresting officers, that a motor vehicle with body number LBI-XX3499tt and bearing plate number DUO 789 belonging to the accused is in police custody.

Accused maintained that the impounded motor vehicle was not used in the commission of the offense, nor was it included in the inventory of confiscated items from the accused as admitted by the prosecution witness PO2 Villafranca during the 12 December hearing.

With all due respect, it is illogical to confiscate, much more retain custody, over the said vehicle, when the same was not even included in the inventory of property confiscated from the accused.

Truth to tell, the said motor vehicle was being used by the accused to earn a living and that it was never intended to be used for any illegal purpose;

The continued impounding of said vehicle has directly or indirectly deprived the accused of its work-related and personal use and has impaired his capacity to earn.

In addition, continued impounding of said vehicle needless to state, would further caused its deterioration beyond repair.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that an Order be issued directing PO2 Engelbert Villafranca to turn over the possession of the said vehicle to the accused or his duly authorized representatives in the interest of justice.

Other reliefs, which are just and equitable, are also prayed for.

Dasmarinas City, for Imus City, 13 January 2014.

PARIL LAW OFFICE

Counsel for Private Complainant

1080 Negros Street, Balic- Balic

Sampaloc, Manila

by:

JEFFREY PARIL

IBP#__________, __________Chapter, __________

PTR#__________, __________, __________, __________

Attorney’s Roll No. __________

MCLE Compliance No. II- __________

MCLE Compliance No. III- __________

MCLE Compliance No. IV- __________

Notice of Hearing:

CLERK OF COURT

Regional Trial Court

Branch 21, Imus City

G r e e t i n g s:

Please submit the foregoing motion for the consideration and approval of the Honorable Court on January 25, 2014 at 1:30 p.m. or at such time and date as may be convenient to the Honorable Court.

____________________________________

Explanation

Copy of the Motion was furnished to the defendant by private courier due to the distance of the undersigned from the said party, making personal service thereof not practicable.

____________________________________

Copy furnished:

OFFICE OF THE CITY PROSECUTOR

Imus City, Cavite

SUPT. NORAINAH BALAGUER, PESE

Imus Police Station

Imus City, Cavite

PO1 ENGELBERT VILLAFRANCA

Imus Police Station,

Imus City, Cavite