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REPUBLIC OF THE PHILIPPINES

THIRD JUDUCIAL REGION


MUNICIPAL TRIAL COURT IN CITIES
BRANCH 1
CITY OF SAN FERNANDO (P)

PEOPLE OF THE PHILIPPINES


CRIM CASE NO. 18-0452
- versus -
FOR: RIR IN HOMICIDE
RONALD GALANG y FELICIANO
Accused.
x------------------------------------x

MOTION TO RELEASE IMPOUNDED VEHICLE

Accused, through Counsel, and unto this Honorable Court most respectfully
moves for the RELEASE of one (1) HAIMA HATCHBACK SEDAN (White) with
Conduction Sticker SM-1667. Thus, MOVANT avers the following in support of
this Motion, THAT:

1. On February 26, 2018, Accused was arrested at on or about 9:30PM-


10:00PM along McArthur Highway, Barangay Sindalan, City of San Fernando,
Pampanga for the alleged offense being accused of him as enumerated in the
caption above. Upon his arrest, the vehicle he was driving was impounded by
the Arresting Officers as evidenced by the Certificate of Impoundment
dated February 27, 2018 hereto attached as Annex “1”;

2. The subject vehicle is more particularly described as follows:

Make: HAIMA HATCHBACK Engine No.: HM474Q-


BAJ59001454
Color: WHITE Serial/Chassis No.:
LH16C2MF9FHO92652
Type of Body: 4-DOOR SEDAN Conduction Sticker: SM-1667
Year Model: 2017 MV File No.: 0301-
00000412709

3. On February 28, 2017, Accused was able to post bail for the offense being
charged against him in the following amount: Thirty Thousand Pesos
(Php30,000.00) covered by Official Receipt No. 6665958C for NPS No. III-
13-INQ-18-B-00125;

4. However, despite such cash bond having been posted, approved and
accepted with the Accused being able to enjoy his provisional liberty, the

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above-described vehicle remains in the custody of the Community Police
Assistance Center-3, Sindalan, City of San Fernando, Pampanga;

5. With all humility, Accused pleads that the subject motor vehicle be released
as he is using the same in going to and from work. However, upon the release
thereof, Respondent undertakes, by virtue of an “Affidavit of Undertaking”,
hereto attached as Annex “2”, that the above-mentioned vehicle shall be
brought to this Honorable Court if needed and required;

6. Furthermore, the continued impounding of the said vehicle, needless to state,


would further cause its deterioration to the damage and prejudice of Ronald
F. Galang, who is the lawful owner of the same and who is likewise being
deprived of utilizing the said vehicle;

7. Considering that there is no more reason to retain custody over the said
vehicle as there had been a proper documentation and inventory, its release
should be ordered immediately;

8. It is in the interest of substantial justice that above-described vehicle be


RELEASED as its presence is not necessary during the course of the trial and
its existence may be established through the photographs taken upon its
impoundment;

9. IN VIEW OF THE FOREGOING FACTS, ACCUSED most respectfully moves


for the RELEASE of the MOTOR VEHICLE, a HAIMA HATCHBACK SEDAN
(White) with Conduction Sticker SM-1667 with the undertaking that the
same shall be brought to the Court when necessary and needed.

PRAYER

WHEREFORE, premises considered, ACCUSED most respectfully moves for


the RELEASE of one (1) HAIMA HATCHBACK SEDAN (White) with Conduction
Sticker SM-1667 with the undertaking that the same shall be brought to the Court
when necessary and required.

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

RESPECTFULLY SUBMITTED.

City of San Fernando, Pampanga, 5 March 2018.

ALDRIN R. AGUAS LAW OFFICE and NOTARY PUBLIC


Counsel for Accused
2 Floor, Y.C. Building,
nd

MacArthur Highway, Barangay San Isidro,


City of San Fernando, Pampanga

2
By:

ATTY. ALDRIN R. AGUAS


Attorney’s Roll no. 69860
IBP No. 1063193 (01-03-2018/Pampanga)
PTR No. AC-1083035 (01-03-2018/Angeles City)
Admitted to the Bar on May 2017

NOTICE AND COPY FURNISHED:

MUNICIPAL TRIAL COURT IN CITIES


CITY OF SAN FERNANDO, PAMPANGA, BRANCH 1

JEROME I. FLORES
Police Officer 3 – Investigator
Community Police Assistance Center – 3
City of San Fernando Police Station
Pampanga, Philippines

ROCKIERAY RABAGO AYONO


#464 Purok 6, Dela Paz Norte,
City of San Fernando, Pampanga

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

Copies of this MOTION TO RELEASE IMPOUNDED VEHICLE have been sent to the
above-named office/person(s) through registered mail due to lack of office
personnel, as well as due to distance and time constraints to effect personal service.

ATTY. ALDRIN R. AGUAS

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