IN RE: ADMINISTRATIVE CONFISCATION PROCEEDINGS OF

ONE (1) UNIT RUSI MOTORCYCLE 125 (KULONG-

KULONG) WITH NO PLATE NUMBER FOR LOADING 47
PIECES OF CHW LUMBER ON DECEMBER 9, 2013 AT
NATIONAL HIGHWAY SANTA ANA, CAGAYAN.

MOTION TO UNDERTAKE TEMPORARY RELEASE OF

MORTGAGE CONVEYANCE

MOVANT, through the undersigned representative and unto this Honorable Office by
way of this foregoing Motion most respectfully avers that:

1. The movant is a corporation duly organized under the laws, rules and regulations of the
Philippines with business address at Pengue-Ruyu, Tuguegarao City, Cagayan, engaged in
the selling of brand-new and reconditioned RUSI motorcycles;

2. On July 24, 2014, the LRCI Sta. Ana Outlet with business address at Pengue-Ruyu,
Tuguegarao City, Cagayan through the undersigned conveyed one (1) unit Second Hand
Motorcycle Unit Model TC 125, color Blue, with Engine No. YH157FMIA6631096 and
Chassis No. LWPPCJ1A1A6631096 to a JOSEPHINE CALABIAO-LIGUTAN of
Alituntung Manga, Lagum, Penblanca, Cagayan;

3. Sometime on December 8, 2013, the subject RUCI motorcycle was apprehended by

personnel of the DENR-CENRO Aparri, Cagayan and PNP Officers for loading fourteen (14)
pieces of Common Hardwood (CHW) along the National High-way, Barangay Palawig,
Sta.Ana, Cagayan;

4. The conveyance has been the subject of the administrative confiscation proceedings by
CENRO Aparri, Cagayan on May 27, 2014;

5. During the proceedings, driver Hensley T. Alog testified and admitted the following:

1. That he is not the owner of the RUSI motorcycle he used in the

transportation of the confiscated lumber is owned by his mother REMA T.
ALOG and they use it for buying and selling fish and vegetables ;
2. That he ascertained and admitted that he borrowed the subject conveyance
from his mother purposely to bring his wife to the hospital, and her
mother had no “personal knowledge” in the loading and transportation of
the apprehended as same was base out of his own volition.

6. That in one of the terms and conditions of the mortgage contract, the mortgagor hereby
undertakes and obligates himself to employ extraordinary care and diligence in the use,
preservation of the motorcycle and not to be misuse/abused/used for any illegal activities nor
leased to another nor to engage in any activity that will endanger/impair the property;

7. Considering that the movant Company is still the owner of the subject conveyance - as
ownership has not been transferred to the mortgagor, notwithstanding the fact that she has no
personal knowledge or direct participation in the offense committed, the undersigned
respectfully prays unto this Honorable Office that the RUCI Motorcycle 125 with plate
number 7511-BN, presently impounded at CENRO Aparri be RELEASED to the
undersigned for the following reasons:

1
 a. That the apprehended conveyance is currently deposited in an open space
without any protective cover at the CENR Office Aparri, Cagayan;
b. That exposure of the conveyance to extreme weather condition and sea
breeze will cause its rapid deterioration and no longer salvageable for
future use;
c. Since the conveyance has not been fully paid by the mortgagor, it
remains the property of the company.

8. The undersigned is compelled to present the subject conveyance whenever the Office and
other authorities require him.

WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Office that
the one (1) unit RUSI Motorcycle (Engine No. YH157FMIA6631096; Chassis No.
LWPPCJ1A1A6631096) under plate number 7511 BN, be RELEASED to Luzon Ram Cycles, Inc.
(LRCI) through its branch manager Mr. Randy A. Villegas with the undertaking that it shall present the
said vehicle whenever required by the Office and other authorities.

IN WITNESS HEREOF, the undersigned hereto affixed his signature this _______ day of
__________________ 2014, Tuguegarao City.

RANDY A. VILLEGA
General Manager
LUZON RAM CYCLES, INC. (LRCI)
Pengue-Ruyu, Tuguegarao City

SUBSCRIEBED AND SWORN TO BEFORE this _________________ day of

___________________, affiant exhibiting his Company I.D No. __________ issued on
_______________________, by ____________________________

__________________________________
Notary Public

Doc. No. _____________

Page No. ____________
Book No. ____________
Series of 2014