Republic of the Philippines

Department of Justice
PROVINCIAL PROSECUTION OFFICE OF PALAWAN
Hall of Justice, Sta. Monica, Puerto Princesa City

PNP-MARITIME GROUP 2ND

Special Operations Unit
represented by SPO1 ROLLY F.
BUNCAG
Complainant,
NPS DOCKET NO. IV-08-INV-
16L-0765

-versus- For:
Violation of Sec. 101 of RA
10654 (Fishing in Marine
Protected Areas, Fishery
Reserves, Refuge and
Sancturies)
ELY M. ALBAY, et.al.
Respondents.
x------------------------------------------x

MOTION TO RELEASE OF EQUIPMENT

COMES NOW, Respondent, ELY M. ALBAY, to this Honorable

Office respectfully states:

That Respondent is the registered and lawful owner of a fishing boat

described as M/BCA Inday Lyn-lyn and 40 bundles of fishing nets, all were
seized by PNP-Maritime Operatives on December 5, 2016 at Sitio Aplaya,
Brgy. Bono-bono, Bataraza;

That the said fishing boat and fishing nets are currently impounded
at the Sitio Aplaya, Brgy. Bono-bono under the custody of Norberto P.
Peria;
 That said fishing boat and fishing nets were being used by the
Respondent to earn a living and that it was never intended to be used for
any illegal purpose;

That the continued impounding of said fishing boat and fishing nets
has directly or indirectly deprived the Respondent of its work-related and
personal use and has impaired her capacity of earn;

That the continued impounding thereof would cause its deterioration

and damage.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Office that an Order be issued directing Nestor P. Feria to turn
over the possession of the above described seized fishing equipment to the
Respondent or her duly authorized representatives in the interest of justice

Other reliefs just and equitable under the circumstances are likewise
prayed for.

MOST RESPECTFULLY SUBMITTED.

Puerto Princesa City, this 8th day of December 2016.

IN WITNESS WHEREOF, I have hereto set my hand this 8th day of

December 2016.

ELY M. ALBAY
Respondent
 NOTICE

PROVINCIAL PROSECUTION OFFICE-PROVINCE OF PALAWAN

Hall of Justice, Brgy. Sta. Monica,
Puerto Princesa City

Greetings:

Please take note that the undersigned is submitting the foregoing

Motion for Release of Equipment to this Honorable Office for its
consideration without further oral arguments.

ELY M. ALBAY
Respondent

THE RECORDS OFFICER

Provincial Prosecution Office of Province of Palawan
Hall of Justice, Brgy. Sta. Monica,
Puerto Princesa City

Sir/Madam:

Please take notice that we are submitting the foregoing Motion for
Release of Equipment for the kind consideration of this Honorable Office
immediately upon receipt hereof sans appearances and without further
arguments.

ELY M. ALBAY
Respondent

Copy furnished:

SPO1 ROLLY F. BUNCAG, Complainant

PNP Maritime Group 2nd Special Operations Unit
PNP-Maritime Office
Brgy. Santa Lourdes, Puerto Princesa City
 EXPLANATION

This Motion for Release of Equipment is being served on the parties personal
service.

ELY M. ALBAY
Respondent

Republic of the Philippines )

Puerto Princesa City )S.S.

VERIFICATION

I, ELY M. ALBAY, of legal age, married, Filipino citizen, after having duly sworn,
do hereby depose and state that:

I am the Respondent-Movant in the above-titled case; I have

caused the preparation of the above Motion for Release of Equipment;
have read the contents thereof and the same are true and correct to the
best of my knowledge and on the basis of authentic records.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of

December 2016 in Puerto Princesa City.

ELY M. ALBAY
Affiant

SUBSCRIBED AND SWORN TO before me this 8th day of December, 2016 at

Puerto Princesa City, and I HEREBY certify that I have personally examined the above
Complainant-Movant and that I am fully satisfied that he voluntarily and of his own free
will executed the above Motion for Reconsideration and understood the same.

ATTY. EMILIA CONCEPCION D. SEVERINO

Notary Public for City of Puerto Princesa
and Province of Palawan
Until December 31, 2016
Roll No. 63949/April 27, 2015
PTR No. 6236609/January 4, 2016
IBP No. 959026/December 29, 2015
MCLE Compliance No. V-0014370

Doc. No.:______;
Page No.:______;
Book No.:______;
Series of 2016.