Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
BRANCH 24
Echague, Isabela

PEOPLE OF THE PHILIPPINES,

Plaintiffs,

-versus- CRIM.CASE No. 24-2687

For: Violation of Section 11 of
R.A. No. 9165

CRIM. CASE No. 24-2688

For: Robbery

ERICSON MONSAY AC y MENDOZA,

Accused.
x ------------------------------------------------ x

MANIFESTATION WITH EX-PARTE MOTION

TO RELEASE MOTOR VEHICLE

The undersigned MOVANT ERICSON M. MONSAYAC, by himself, to the

Honorable Court, most respectfully states THAT:

1. The movant was charged of Two Criminal Information namely, Violation

of Section 11 of R.A. No. 9165 and Robbery before this Honorable Court;

2. The Honorable Court has rendered decisions in the Two Criminal

Information. In its decision dated December 14, 2018, the Honorable Court
dismissed the criminal information for Violation of Section 11 of R.A. No. 9165.
Likewise, the Honorable Court acquitted the accused/movant in its decision
dated June 14, 2019. The decisions of the Honorable Court in the two criminal
information have attained finality. (Copy of the Decisions of the Honorable Court
for Violation of Section 11 of R.A. No. 9165 and for Robbery are herewith
attached as Annex “A” and “B” respectively);

3. One of the evidence submitted during the Inquest Proceeding for the
two cases is a RUSI Motorcycle, color blue, without plate number, bearing
Chasis No.*LB2XG86DHE6001754* and Engine No. 150FMG*E6GOO1754*
registered under Rosanna F. Bauit. (Copy of the Certificate of Registration and
Original Receipt are hereto attached as Annexes “C” and “D”, respectively);

4. Rosanna F. Bauit, who was issued the Original Receipt and Certification
of Registration of the subject motorcycle has longtime surrendered the said
motorcycle to LUZON RAM CYCLES INCORPORATED (LRCI) for failure to pay
the remaining amortization dues;
 5. Sheril G. Monsayac, the wife of the movant acquired the subject motor
vehicle from LUZON RAM CYCLES INCORPORATED (LRCI) by way of
Conditional Sale. Sheril G.Monsayac will be issued the Deed of Absolute Sale
upon full payment of the purchased price of the said subject motorcycle;

6. At present, said subject motorcycle is impounded at PNP Station, Jones,

Isabela as evidenced by a Certification issued by Chief of Police of PNP Jones,
Isabela dated January 29, 2019, copy of which is hereto attached as Annex “E”;

7. Movant desires that the subject motorcycle be released considering the

present state of the motor vehicle results in its unwanted deterioration as it is
being exposed to excruciating heat of the summer sun, much more, surreptitious
removal of its parts as it is merely parked outside the police station and open to
any passersby; thereby rendering it almost unserviceable and to the detriment of
the movant. Further, as stated above, the cases have attained finality.

PRAYER

WHEREFORE, on the basis of the foregoing, it is so respectfully prayed of

the Honorable Court that the foregoing Motion be favorably granted and to direct
the Chief of Police of PNP Jones, Isabela to immediately release the subject
motorcycle to herein movant as the lawful co-owner upon presentation of the
documents evidencing ownership.

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

Echague, Isabela. September 10, 2019.

ERICSON M. MONSAYAC
Movant

The Branch Clerk of Court

Branch 24, RTC,
Echague, Isabela

Please submit the foregoing Pleadings immediately upon receipt hereof for the
favorable consideration of the Honorable Court without further oral arguments. Thank
you.

ERICSON M. MONSAYAC

Copy furnished (personal service)

THE HONORABLE PUBLIC PROSECUTOR

Office of the Provincial Prosecutor
Echague, Isabela