Republic of the Philippines

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 63
Makati City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - CRIM CASE M-MKT-19-2711-14-NCR

For: Violation of Art. 177 of the RPC
and P.D. 96
CANDIDO ORIAS y ALBIOLA and
MICHAEL TORRES y CABEL
Accused.
x--------------------------------------x

MOTION TO RELEASE EVIDENCE

MOVANT, PAOLA EUNICE V. CAMACHO, through counsel, unto to

his Honorable Office, respectfully avers that:

1. The MOVANT is the registered owner of a Kawasaki EX650E

motorcycle with no sidecar under plate number 7688UY, under
Certificate of Registration 287348423 (hereto attached as ANNEX
“A”) and Official Receipt 1509440612 (hereto attached as ANNEX
“B”).;

2. The MOVANT is also the owner of a Kawasaki EX650E

motorcycle with no sidecar under plate number 5755QA, under
Certificate of Registration 213485801 (hereto attached as ANNEX
“C”) and Official Receipt 1509440623 (hereto attached as ANNEX
“D”). Both Certificate of Registration and Official Receipts are still
under the name of the original owner KAZUNORI ANAGON
OHKAWA, who sold the motorcycle unit to the MOVANT by virtue
of an OPEN DEED OF SALE dated _________ (hereto attached
as ANNEX “E”);

3. Said vehicles were impounded by reason of its involvement in the

above-entitled cases for “Violations of Article 177 of the Revised
Penal Code (Usurpation of Authority)” and Presidential Decree 96
filed against CANDIDO ORIAS y ALBIOLA and MICHAEL
TORRES y CABEL;
 4. That the abovementioned motorcycle units were impounded at the
PNP, Highway Patrol Group in Camp Crame while the cases are
pending trial before this Honorable Court;

5. That the continued impounding of the motorcycle units would

further cause the vehicle's deterioration;

6. Movant will ensure and undertakes the delivery of the above

described motorcycle units to the Honorable Court when needed in
the course of the proceedings;

7. Movant shall endeavor to attend all succeeding hearings in the

above-captioned case. If movant anticipates that she may not be
able to appear for just and valid reasons, she shall immediately
inform this Honorable Court;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that an

Order be issued directing the custodian of the seized vehicle to turn over
the possession of the said vehicle to the MOVANT or his duly authorized
representatives in the interest of justice.

Other reliefs, which are just and equitable, are also prayed for.

Quezon City, September__, 2019.

AVELINO C. BADILLO IV
PTR No.7323812; 01-03-2019 Quezon City
IBP No. AR63049636; 01-03-2019; Quezon City Chapter
Roll of Attorneys No. 66648
MCLE Compliance No. VI-0004453
1 Morquecillo St. San Francisco
del Monte, Quezon City 1105
09053190547
avelbadillo@gmail.com
Notice of Hearing:
CLERK OF COURT
Metropolitan Trial Court
Branch 63, Makati City

G r e e t i n g s:

Please submit the foregoing motion for the consideration and

approval of the Honorable Court on October 4, 2019 at 1:30 p.m. or at such
time and date as may be convenient to the Honorable Court.
 AVELINO C. BADILLO IV

EXPLANATION

Copies of the Motion were furnished to the accused by private courier

due to the distance of the undersigned from the said party, making
personal service thereof not practicable.

AVELINO C. BADILLO IV

Copy furnished:

PNP-HIGHWAY PATROL GROUP

Regional Highway Patrol Unit-NCR
Investigation Section
HPG-NCR, Camp Crame, Quezon City

Atty. Alfredo C. Baylon, Jr.

Counsel for the Accused

Prosec.
REPUBLIC OF THE PHILIPPINES )
_______________________ ) S.S.

AFFIDAVIT OF UNDERTAKING

I, PAOLA EUNICE V. CAMACHO, of legal age, single, Filipino with

postal address at 884 Rizal St., Makinabang, Baliuag, Bulacan after having
been sworn in accordance with the law hereby depose and state that:

1. I am the registered owner of a Kawasaki EX650E motorcycle with

no sidecar under plate number 7688UY, under Certificate of
Registration 287348423 (hereto attached as ANNEX “A”) and
Official Receipt 1509440612 (hereto attached as ANNEX “B”);

2. I am also the owner of a Kawasaki EX650E motorcycle with no

sidecar under plate number 5755QA, under Certificate of
Registration 213485801 (hereto attached as ANNEX “C”) and
Official Receipt 1509440623 (hereto attached as ANNEX “D”);

3. As to the Kawasaki EX650E motorcycle under plate number

5755QA, both Certificate of Registration and Official Receipts are
still under the name of the seller KAZUNORI ANAGON OHKAWA,
who sold the motorcycle unit to me by virtue of an OPEN DEED OF
SALE dated _________ (hereto attached as ANNEX “E”), of which
are still under transfer process with the Land Transportation Office,
East Avenue Office;

4. Due to medical reasons that brought about expenses, the matter of

recovery of the said motorcycle units became least of priority,
thereby securing legal services have only been made recent;

5. That the said motorcycle units are being used as a means of

livelihood of leasing the same for training purposes, so much so that
to deprive her of its possession would tantamount of depriving him
vital family income, not to mention the same motorcycle units serve
as a means of transportation whenever it is not used for training;

6. I hereby undertake to produce said vehicle upon request of the

authorities if such will be needed for further proceedings or
investigation;

7. This affidavit is being executed to support my request for the

release of the impounded vehicle;

8. I am executing this undertaking to attest to the truth of the foregoing.

 IN WITNESS WHEREFOR, I have hereunto set my hands this ______
day of _______________, 2019 in __________, Philippines.

PAOLA EUNICE V. CAMACHO

Affiant

SUBSCRIBED AND SWORN TO before me this _____ day of

________, 2012 in the ____________, Affiant Exhibiting to me her
_____________ issued on __________________ in
_____________________.

Notary Public

Doc No.
Page No.
Book No.
Series of 2019