Republic of the Philippines

SUPREME COURT
11th Judicial Region
REGIONAL TRIAL COURT
Branch 29, Kaktong City

PEOPLE OF THE PHILIPPINES, Crim. Case No. 2022-2-0038-B

Complainant, and 0040-B

For: Violation of Sections 5 & 12

- versus - of RA 9165

ABCDE FGHIJ KLMNO

Accused.

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MOTION TO RELEASE SEIZED ITEMS

ACCUSED, through the undersigned counsel, unto this Honorable
Office, respectfully submits this motion and alleges, THAT:

1. Accused was charged with two (2) separate information for violation of
Sections 5 and 12 of Republic Act No. 9165.

2. The accused however entered into a plea bargaining agreement and

pleaded guilty to a lesser offense of violation of Sections 12 and 15 of
Republic Act No. 9165.

3. When the accused was apprehended for the above-mentioned offenses,

among the item seized from the accused by the arresting officer are:
one (1) unit of iphone 13 phone with black casing; two (2) pcs. One
Thousand Peso bills; Three (3) pcs. Five Hundred Peso bills; and one
(1) pcs. One Hundred Peso bill.

4. Accused maintained that the above-mentioned items were not used in

the commission of the offense, nor was it included in the list of
forfeited items. The subject items were never intended to be used for
any illegal purpose.

5. Thus, it would be illogical to confiscate, much more retain custody,

over the said items, when the same were not even included in the list
of forfeited items in favor of the government.

1
 6. The continued impounding of said items has directly deprived the
accused of its personal use.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that

an Order be issued directing the custodian of the above-mentioned items
to turn over the possession of the same to the accused or his duly
authorized representatives in the interest of justice.

Wakwak City, Surigao del Sur, Philippines, December 6, 2022.

BY:

ABCDE FGHIJ KLMNO

Counsel for the Accused
Roll No. 1275110000
PTR No. 11000000/01-06-2022/Wakwak City
IBP OR No. 1000055/12-23-2021/Pasig City
MCLE Compliance (on process)

NOTICE OF HEARING

ABCDE FGHIJ KLMNO

Clerk of Court VI
RTC Branch 999

Greetings!

Please set the foregoing motion for hearing and consideration of this
Honorable Court sans appearance and oral argument.

ABCDE FGHIJ KLMNO

Copy furnished:

ABCDE FGHIJ KLMNO

Associate Prosecution Attorney
City Prosecution Office
Wakwak City, Surigao del Sur