Republic of the Philippines

REGIONAL TRIAL COURT OF PALAWAN

Fourth Judicial Region
BRANCH 52
Puerto Princesa City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 42021

Plaintiff,

-versus- For:

ALFREDO DELA CRUZ ARANGUEZ ILLEGAL SALE, TRADING,

JR. ALIAS JAY AR DELIVERY AND DISTRIBUTION OF
Accused. DANGEROUS DRUGS UNDER SEC.
5, ART. II, R.A. 9165
x------------------------------------------------x

MOTION TO RELEASE PROPERTY FROM CUSTODY

COMES NOW, movant ALFREDO DELA CRUZ ARANGUEZ JR., thru the
undersigned counsel, most respectfully avers that:

1. He was the accused in this case;

2. Among the properties seized during his apprehension for the charge of
violation of Section 5, Art. II, R.A. 9165 is one (1) unit color black Suzuki smash
bearing plate number GD55156;

3. One Ramon F. Gutierrez originally bought the said motorcycle from Du

Ek Sam, Inc. (as evidenced by a Certification to that effect which is hereto attached as
Annex “A”), and accused merely assumed the payment of the balance from Du Ek Sam.

4. Movant is now the owner of the said motorcycle, as evidenced by a

notarized Deed of Sale between Ramon F. Gutierrez Jr. and the accused dated July 4,
2023 (attached hereto as Annex “B”).;

5. While the Deed of Sale was just recently executed, movant had bought
the said motorcycle on a much earlier date, even before his apprehension;

6. Section 20, Article II of R.A. 9165 provides that properties which may
be confiscated and forfeited shall be in custodia legis during the pendency of the case
(emphasis supplied);

7. In PDEA v. Brodett and Joseph1 the Supreme Court, in interpreting the

Section 20, Article II of R.A. 9165, held that “the trial court has the power to return
property held as evidence to its rightful owners xxx” and that such power can be
exercised only when “the criminal proceedings to which it relates have terminated,
unless it is the subject of forfeiture xxx”;

1
G.R. No. 196390, September 28, 2011.
 8. This Court had acquitted the movant of the said charge last June 6, 2023,
and the decision attained finality after fifteen (15) days. In the Decision of this
Honorable Court, said motorcycle was not among the instruments that were forfeited
in favor of the Government. There is no showing either that the said motorcycle is
among the proceeds, fruits, or instrument of another crime charged against the same
movant;

9. Given the foregoing, the movant contends that there is no more cogent
reason for this Honorable Court to not order its immediate release to its lawful owner
in the person of the movant; and

10. At present, the said motorcycle is in the custody of this Court, Hall of
Justice Compound, Brgy. Sta. Monica, this city.

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

Honorable Court ISSUE an order to RELEASE one (1) unit color black Suzuki smash
bearing plate number GD55156 from the custody of this Honorable Court to the movant
herein.

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

In Puerto Princesa City, this 11th day of July 2023

Department of Justice
PUBLIC ATTORNEY’S OFFICE

By:

TEODORO JOSE M. BRUNO III

Roll No. 76013
IBP OR no. 265336 issued 03 Jan 2023
MCLE VII-0025203

NOTICE

The Officer-in-Charge
Regional Trial Court Branch 52
Puerto Princesa City

GREETINGS!

Please submit the foregoing motion for the approval and consideration of this
Honorable Court.

Thank you.

TEODORO JOSE M. BRUNO III

Copy furnished:
Office of the City Prosecutor