REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Malolos, Bulacan

IMELDA MENDOZA Y GUDUCO and

PO1 BENJAMIN PUMANGDOL C.
GALACYAN
Complainants,

- versus - NPS Docket No. III-04-INV-19A

-00094-00098
For: Reckless Imprudence Resulting to
Serious Physical Injury and Damage to
Property
KENNETH M. RAMOS,
Respondent,

MELCY CUBOS MENDOZA,

Movant.
x--------------------------------------------x

MOTION FOR RELEASE OF VEHICLE

COMES NOW, movant MELCY CUBOS MENDOZA, unto this Honorable Office,
most respectfully alleges that:

1. Movant MELCY CUBOS MENDOZA is the owner of a motorcycle that is

involved in this case, particularly described as:

MAKE Honda
MV FILE NO. 0301-00000794999
DENOMINATION Motorcycle without sidecar
ENGINE NO. JA46E1017429
CHASSIS NO. MH1JA4611JK019892
YEAR MODEL 2018

2. Attached herewith are the copies of the Official Receipt and the Certificate of
Registration as Annex “A” and “B”, respectively.

3. The above described motor vehicle was taken and presently in the custody of
the arresting members of the Philippine National Police stationed at Bocaue
Police Station, Poblacion, Bocaue, Bulacan where it has been impounded
since 01 November 2018.

4. Said motor vehicle is not liable for any offence and within the lawful
commerce of men, therefore cannot be confiscated or forfeited by the
government.

5. Second paragraph of Article 45 of the Revised Penal Code is clear:

“xxx
 Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the government,
unless they be the property of a third person not
liable for the offense x x x “

6. The continuing impounding of the said vehicle is contrary to law and

inappropriate as the said vehicle/motorcycle is owned by herein movant
who is not a party litigant in the instant case.

7. To reiterate, the above-described motor vehicle is NOT OWNED BY

RESPONDENT BUT BY PRIVATE COMPLAINANT’S NEICE (herein
Movant).

8. The detention and impounding of the said vehicle would cause irreparable
damages to the owner and a violation of her constitutional right to due
process of law as it constitutes deprivation of property without due process
of law and taking without legal authority. Hence, there is an urgent necessity
for the immediate release of the said motor vehicle belonging to herein
movant MELCY CUBOS MENDOZA.

9. In this light, the release of the above-stated vehicle to the accused is

ministerial and necessary.

PRAYER

WHEREFORE, PREMISES CONSIDERED, accused respectfully prayed of this

Honorable Office to issue an Order directed to the arresting members of the Philippine
National Police stationed at Bocaue Police Station located in Poblacion, Bocaue, Bulacan
or to the Motor Vehicle Custodian of the said Police Station or whoever may be in
custody of the above-described vehicle to immediately release the same to MELCY
CUBOS MENDOZA or any of her representatives.

Other reliefs just and equitable in the premises are also respectfully prayed for.

Gapan City, Nueva Ecija for Malolos, Bulacan City, 21 February 2019.

MELCY CUBOS MENDOZA

Movant

Copy furnished:

Bocaue Police Station

Poblacion, Bocaue Bulacan