REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
BRANCH 57, CEBU CITY

PEOPLE VS. PHILIPPINES, CRIM. CASE NO. M-CEB-19-

Plaintiffs, 02584-CR

-versus-
FOR: RECKLESS
EDGAR ALLAN OBEDENCIA IMPRUDENCE RESULTING
ABOYO, IN SLIGHT PHYSICAL
Accused. INJURIES
x - - - - - - - - - - - - - - - - - - - -/

MOTION TO RELEASE OF MOTORCYCLE

MOVANT EDGAR ALLAN OBEDENCIA ABOYO, through

counsel most respectfully alleges:

1. That he is the registered owner of a Honda CFT125MSE with

plate number GC81076. The said motorcycle was seized for
custody by the members of Police Station 9, Cebu City Police
Office last May 19, 2019 in relation to the above-captioned case.

2. The subject motor vehicle is the only means of transportation of

the accused from his residence to the work place and in places
where his works require him to be present.

3. That the above-captioned case can be prosecuted even without

holding in custody the subject motor vehicle. However, accused
is submitting to this Honorable Court picture of the motor
vehicle with affidavit of undertaking that if the same motor
vehicle shall be needed by the court, he undertakes to bring the
same to court.

4. Upon ocular inspection, the motor vehicle is parked in an open

parking space susceptible to incessant rain and scourging heat
of sun light the whole day on display putting the subject
motorcycle to wear and tear.

5. That he has signed an affidavit of undertaking with

attachments showing his ownership of the same motor vehicle
 and his undertaking for whatever this may serve to the Office
of the City Prosecutor in prosecuting this case. Original copy of
said affidavit is attached herein as Annex “1” of this motion.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully

asked of this Honorable Court an order directing the Chief of Police
Station 9, Cebu City Police Station to release the subject motor vehicle
including the duplicate key to herein movant in the interest of speedy
administration of justice.

All other reliefs just and equitable under the foregoing

premises are also prayed for.
Respectfully submitted. November 12, 2019. Cebu City,
Philippines.

P.B. LABRADO AND PARTNERS LAW OFFICES

Counsel for the Accused
Room 202, 2nd Floor, Aniceta Bldg.,
Osmeňa Blvd., Cebu City
Tel. No. (032) 405 3099

MARC CHRISTIAN H. TANGPUZ

Roll of Attorneys No. 72435
PTR No. 286140; Cebu Province, June 25, 2019
IBP No. 088386; Cebu Province, June 10, 2019
MCLE Exempt; Admitted to the bar June 14, 2019
Room 202, Aniceta Bldg. Osmena Blvd., Cebu City
Cell No. 0939 397 6604
marcchristiantangpuz@gmail.com

REQUEST FOR HEARING

THE BRANCH CLERK OF COURT

MTCC Branch 14 – Cebu City
Cebu City Hall of Justice
Qimonda Bldg., North Reclamation Area
Cebu, Philippines

Greetings! Please set this Motion for Release of Motorcycle on

November 15, 2019 at 2:00 o’clock in the afternoon, with the presence
of counsel and further argument.
 Respectfully submitted. November 12, 2019. Cebu City,
Philippines.

MARC CHRISTIAN H. TANGPUZ

NOTICE OF HEARING

HANDLING PUBLIC PROSECUTOR

MTCC Branch 14 – Cebu City
Cebu City Prosecutor’s Office
Marcelo B. Fernan Hall of Justice
Brgy. Capitol Site, Cebu City

Greetings:

Please be informed that the foregoing motion for the release of

motorcycle will be submitted to this Honorable Court for hearing on
Friday, November 15, 2019 at 2:00 o’clock in the afternoon, with the
presence of counsel and further argument.

Respectfully submitted. November 12, 2019. Cebu City,

Philippines.

MARC CHRISTIAN H. TANGPUZ

PROOF OF PERSONAL SERVICE:

HANDLING PUBLIC PROSECUTOR

Cebu City Prosecutor’s Office
Marcelo B. Fernan Hall of Justice
Brgy. Capitol Site, Cebu City

Received by: ________

Date: _______________