Relevant Facts:

A. On 2 April 2007, the SCCPTDOA 2 and Bayan Development Corporation (BDC) entered
into a Kasunduan for a group loan amounting to Php 480,000.00 to buy a motorcycle and
sidecar. Ma. Teresa Lacsamana (Lacsamana) was one of the borrowers, her share was Php
80,000.00. The loan period was 30 month.

B. The tricycle was released to Lacsamana together with Romulo Takad (Takad).

C. On 2 October 2007, BDC pulled out the tricycle after Lacsamana defaulted in the payment
of the loan. According to Zeny Aguirre (Aguirre), the representative for BDC, under the
Kasunduan, if the borrower was unable to pay, the tricyle could be pulled out from him.
The tricycle was given to Ricardo Marasigan, the treasurer of their group for him to
manage. She agreed to give Lacsamana until 17 October to redeem the tricycle and if not,
BDC will permanently repossess the tricycle.

D. On 17 October 2007, Lacsamana failed to pay.

E. On 18 October 2007, Aguirre took the tricycle from Marasigan. Lacsamana and Takad also
went to Marasigans house to request him to accompany them to BDC but they were
informed that Aguirre already took the tricycle.

F. On October 22, according to Aguirre, Lacsamana and Takad went to BDC to pay but she
did not allow them to pay. Aguirre noted that Takad said that Huwag na huwag kong
makikita ang tricycle sa Pasig.

G. BDC kept the tricycle up to November 20. Then gave it to Carlos Parlade (Parlade)., the
new assignee.

H. At around 1:00AM on 21 November 2007, the tricycle was stolen outside the house of
Parlade. He called Aguirre at 7:00AM to inform her of the incident. On the same day,
Takad was arrested in his house.