Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10TH Judicial Region
BRANCH 306
Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 2013-442

Plaintiff,

-versus- FOR : VIOL. OF SECTION 11,

ARTICLE II,R.A 9165

MARK GOMEZ y SABIO ,

Accused.
x----------------------------------------/

MOTION TO RELEASE MOTOR VEHICLE

COMES NOW Movant Andre Lou S. Morados, through the undersigned counsel
of the Public Attorney’s Office for the purpose of filing this motion only, unto this
Honorable Court, most respectfully avers :

1. That Movant Andre Lou S. Morados is Filipino, of legal age, widower and a
resident of Barangay Lunocan, Manolo Fortich, Bukidnon;

2. That Movant is the lawful and registered owner of a motorcycle described as

Honda XRM 125, color black and white, bearing Plate No. 8929KN with
Engine No. XRM16EO59617 and Chassis No. XRM16059612;

3. That movant’s ownership of the said motorcycle is evidence by a copy of his

Certificate of Registration No. 150652773 and this motorcycle is registered
under Official Receipt No. 255749922, copy of which are herein attached as
Annex “1” and Annex “2”;

4. That movant used this motorcycle in Habal-Habal business as evidenced by a

Certification issued by the Barangay Lunocan, Manolo Fortich, Bukidnon, copy
of which is herein attached as Annex “3”;

5. That the aforesaid described motorcycle was rented by accused Mark S.

Gomez for Habal-Habal purpose when seized by policemen assigned with PNP
Regional Public Safety Batallion 10 (RPSB-10) and Crime Against Person and
Property Desk (CAPPD) of the Cagayan de Oro City Police Office for his
alleged violation of R.A 9165;

6. That the motorcycle is presently under the custody of the Cagayan de Oro
City Police in Maharlika, Carmen, Cagayan de Oro City;
 7. That the said motorcycle is a legitimate property of movant and she is not
involved or liable of the offense charged and prays before this Honorable
Court that the aforesaid motorcycle be release in her favor;

8. That movant undertakes to produce and present the said motorcycle

whenever required by this Honorable Court or any other authorities as
evidenced by her Affidavit of Undertaking, copy of which is herein attached as
Annex “4”.

WHEREFORE, premises considered, it is respectfully prayed before this

Honorable Court that an Order be issued directing the PNP Regional Public Safety
Batallion-10 (RPSB-10) and Crime Against Person and Property Desk (CAPPD) of the
Cagayan de Oro City Police Office to immediately release the subject motorcycle in
favor of Andre Lou S. Morados or his agent.

Other relief and remedies as may deemed just and equitable under the premises
are likewise prayed for.

Cagayan de Oro City, June 28, 2013.

Public Attorney’s Office

Regional Office No. 10
Cagayan de Oro District Office
(Counsel for the Accused)

By :

ATTY. JUDYLITA GOMEZ-ALGODON

Public Attorney I

Copy furnished :

HON. ELDRED C. COLE

Office of the City Prosecutor
Cagayan de Oro City

NOTICE

HON. ELDRED C. COLE

Office of the City Prosecutor
Cagayan de Oro City

THE BRANCH CLERK OF COURT

RTC-BRANCH 306
Cagayan de Oro City

Greetings :

Please submit the foregoing motion immediately upon receipt hereof or on July
4, 2013 at 8:30 A.M, for the kind consideration and approval of the Honorable Court.

ATTY. JUDYLITA G. ALGODON