Republic of the Philippines

REGIONAL TRIAL COURT OF BOHOL

7th Judicial Region
Branch 50
HALL OF JUSTICE
Loay, Bohol

THE PEOPLE OF THE PHILIPPINES

Plaintiff, Criminal Case No. 2310
- versus - For:
VIOLATION OF PAR.
(G) SEC. 2 OF R.A.9287
MARGARITO ROLLORATA y ESPEJO
Accused,

DU EK SAM, INC.,
Movant-Intervenor

x- - - - - - - - - - - - - - - - - - - - - - -/

REQUEST FOR RELEASE WITH UNDERTAKING

(of Recovered Articles by Requesting Party)

I am respectfully requesting the release to my custody of a certain

motor vehicle which is more particularly described as follows, to wit:

Name of Customer: GREG CRISPINITO JALA

Brand : Honda
Model : CBF110MSE
Color : Pearl Megallanic Black
Engine No. : KWS01E003318

1. That the above-entitled criminal complaint was filed against the

above-named accused which is now pending with the Regional Trial Court
of Bohol Branch 50 in Loay, Bohol;

2. In the meantime, the motorcycle impounded by the police

authorities in the said case, remain in the custody of the Bohol PNP, Camp
Dagohoy, Tagbilaran City exposing the same to unnecessary wastage;

1. For this reason, Movant-Intervenor most respectfully moves for the

release of the motorcycle impounded in the above-entitled case, which is
described in the attached Affidavit of Undertaking of the Movant-
Intervenor;

2. The release of the described impounded motorcycle in favor of the

movant-intervenor is prayed for the reasons cited in the attached affidavit of
the duly authorized representative of intervenor corporation, which in
essence states:

a. The mortgagor of the subject motorcycle, Lionell R. Blanco has

long been remiss in his obligation to pay the monthly
amortization, and for which reason possession now becomes a
matter of right on the part of the intervenor as shown by the chattel
mortgage agreement entered into and incorporated in this Motion
as Annex “B”;

b. The mortgagor cannot anymore be located at his last known

address at Mansasa District, Tagbilaran City, Bohol, and by reason
thereof, there is the implied willingness to surrender and turn-over
the possession of the motorcycle in favor of the intervenor-
mortgagee;

c. The impounded motorcycle is not a property of any of the

accused, nor could it be considered as an item which is illegal per
se, and therefore should be returned to its rightful owner or
possessor; Article 45 of the Revised Penal Code which provides
for forfeiture of tools or implements used in the commission of the
crime expressly exempts those that are owned by third persons
who are not liable for the offense.

5. Movant also undertakes to retain possession of the motorcycle and

to produce the same whenever required by the Honorable Court, and until
after the rightful owner or possessor shall have been adjudged in the above-
entitled case;

5. Attached are the copies of the Official Receipt and Certificate of

Registration of the Motorcycle and the Affidavit of the authorized
representative of Du Ek Sam, Inc.;

WHEREFORE, premises considered, it is most respectfully prayed

that the above-described motorcycle be released in favor of the movant-
intervenor, in order that the motor vehicle be proceeded by the intervenor in
accordance with law, and its rights under the mortgage contract.

Other reliefs consistent with law and equity are likewise prayed for.

City of Tagbilaran _______________.

 LIBERATO G. CASILAN, JR.
Counsel for the Movant-Intervenor
Casilan Law and Realty
3-A CPG Avenue, Tagbilaran City
Roll of Attorneys 38862; 3/14/94
IBP Life No.00899 February 24, 1997
PTR No. 2881256 for CY 2013
MCLE Compliance 111-0004931 Sept. 24, 2009

Copy furnished:

THE PROVINCIAL COMMANDER

Bohol PNP
Camp Dagohoy, Tagbilaran City, Bohol

REPUBLIC OF THE PHILIPPINES)

CITY OF TAGBILARAN) S.S.
 AFFIDAVIT OF UNDERTAKING

I, ANTHONY J. DEQUIÑA, Filipino, of legal age, married, and a

resident of Manga District, Tagbilaran City, Bohol, Philippines, after
having been duly sworn to in accordance with law do hereby depose and
say:

1. That I am the Account Supervisor of Du Ek Sam, Inc. Lesage

Branch, located along Lesage St., Tagbilaran City and that I have been
authorized by the said corporation to act for and on its behalf in cases
filed by the said corporation against its clients or for the recovery of its
property as shown by the Secretary's Certificate hereto attached as Annex
"A";

1. That the said corporation is the authorized dealer of Honda

Motorcycle in the province of Bohol and was able to sell one unit to a
certain Lionel R. Blanco, which motorcycle is more particularly
described as follows:

Brand : Suzuki
Type : Motorcycle
Model : 2011
Engine No. : F4C9401562
Chassis No. : CF48X401562
C.R.E. No. : 12859534-2
O.R. No.(2011) : 70913765

1. That the sale was on installment basis, and secured by a Chattel

Mortgage Contract. (See attachment marked as Annex “B") Also attached
are the Official Receipt (O.R.) and Certificate of Registration (C.R.)
which would show that the motorcycle was encumbered. (See Annex
“C”;

2. That Lionell R. Blanco failed to pay his obligations with Du Ek

Sam, Inc., and that we were informed that the motorcycle was impounded
at the Bohol`PNP Camp Dagohoy, Tagbilaran City in connection with
Criminal Cases Nos. 1770 and 1771 filed with the Regional Trial Court
of Bohol Branch 50 in Loay, Bohol, entitled People of The Philippines
versus Max Dango y Malaran;

3. As the duly authorized representative of Du Ek Sam, Inc., I

respectfully request the return or release of the above-described
motorcycle for the following reasons:
a. The mortgagor of the subject motorcycle Lionell has long been
remiss in his obligation to pay the monthly amortization, and
 for which reason possession now becomes a matter of right on
the part of the intervenor as shown by the chattel mortgage
agreement entered into and incorporated in this Motion as
Annex "B";

b. The mortgagor cannot anymore be located at his last known

address at Mansasa District, Tagbilaran City, Bohol, and by
reason thereof there is the implied willingness to surrender and
turn-over the possession of the motorcycle in favor of the
intervenor-mortgagee;

c. The impounded motorcycle is not a property of any of the

accused, nor could it be considered as an item which is illegal
per se, and therefore should be returned to its rightful owner or
possessor; Article 45 of the Revised Penal Code which provides
for forfeiture of tools or implements used in the commission of
the crime expressly exempts those that are owned by third
persons who are not liable for the offense.

6. As a consequence of the request for release, I hereby undertake

to retain possession of the subject chattel, and to produce the same
whenever required by the Court or the proper authorities, which
possession shall remain until such time that the case shall have been
terminated and the rightful possessor shall have been adjudged;

7. That I execute this affidavit for the purpose of proving the right
of Du Ek Sam to possession of the property litis pendentia and to
undertake to return or produce the said chattel whenever required to;

IN WITNESS WHEREOF, I have hereunto set my hand this

_____________ day of ___________, in the City of Tagbilaran, Bohol,
Philippines.

ANTHONY J. DEQUIÑA
Affiant

SUBSCRIBED AND SWORN TO before me this ___________ day

of ____________ in Tagbilaran City, Bohol, Philippines.