Republic of the Philippines

Third Judicial Region

Regional Trial Court
Tarlac City
Branch 65

XXXXXXXXXXXXXXXXX,
Complainant,

Criminal Case No. 6125-2017

6123-2017

-versus-

XXXXXXXXXXXXXXXXX,
Accused.
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MOTION FOR RELEASE OF IMPOUNDED VEHICLE

COMES NOW MOVANT XXXXXXXXXXXXXXXXX, unto this Honorable Court,

most respectfully states that:

1. Movant has purchased, under a sale with mortgage agreement or deed of

conditional sale, a tricycle more specifically described as follows:

Make : XXXXXXXXXXXXXXXXX
Attached herewith is a Certification from Microbase Motorbike Corporation
stating that Movant has loaned from the Corporation said motor vehicle and
that although registered in the name of a certain XXXXXXXXXXXXXXXXX
the said motor vehicle will be transferred in the name of Movant herein once
she completes payment on the tricycle.

Also attached are the original receipt (O.R.) and certificate of registration
(C.R.) pertaining to the said motor vehicle.

2. The above-described vehicle is now impounded with the Tarlac City Police
Station at Macabulos, Tarlac City by virtue of the arrest last January 27, 2017
of the Accused who happens to be also known for driving the tricycle subject
of this motion and the subsequent filing of the above-captioned case.

3. The Movant moves for the release of the said vehicle because she is not in
any way involved in the alleged commission of the crime and because the
said tricycle is a source of livelihood for her.

4. The said tricycle is also being used by her children as a service in going to
and from their school.
 5. The Accused was merely hired by the Movant as a driver. The Accused also
leases out the said tricycle from the Movant on a boundary basis.

6. Unbeknownst to Movant, Accused is involved with or being suspected of

involvement in the illegal drugs trade. Otherwise, Movant would not have let
the Accused drive or use her tricycle.

7. The tricycle is not being used when the Accused was apprehended or
arrested.

8. Neither the police nor the Honorable Prosecutor found it necessary to charge
Movant or include her in the above-captioned charge against the accused.

9. This is so because Movant herein is also a victim because accused unlawfully

deprived her of a source of livelihood, her tricycle, and Movant continues to
be deprived of the use of his tricyle up to the present to her and her childrens
detriment.

10. The continued impounding of said vehicle has directly or indirectly deprived
the Movant of its work-related and personal use, has impaired her capacity to
earn, and would further cause the tricyles deterioration beyond repair.

11. Thus, this motion is being filed in the interest of justice.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that an

Order be issued directing the release from impoundment of the Movants
motor vehicle and the turn-over to her of the said vehicle.

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

Tarlac City, 31 January 2017

XXXXXXXXXXXXXXXXX
Movant

To the CLERK OF COURT

Greetings:

Please take notice that the foregoing Motion for Release of Impounded vehicle shall be
submitted for the consideration and approval of the Honorable Court on Monday, 06
February 2017 or as soon as counsel and matter may be heard.
XXXXXXXXXXXXXXXXX

Copy furnished:

The CLERK OF COURT

Regional Trial Court
Branch 65, Tarlac City

Office of the City Prosecutor

Tarlac City

XXXXXXXXXXXXXXXXX

SUBSCRIBED AND SWORN to before me this 2nd day of Frebruary 2017,

Affiant exhibiting to me her competent evidence of identity
XXXXXXXXXXXXXXXXX