Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Office of the Regional Director
Region XII, Aurora Quezon Street,
City of Koronadal, 9506 Philippines
ooOoo

In re: Apprehended / seized three (3)

motorcycles loaded with ninety five sacks
of wood charcoal
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MOTION FOR RECONSIDERATION

COME NOW respondents Elena F. Bacal, of legal age,

married, Filipino and resident Purok Makisama, Brgy. Lun Padidu,
Malapatan, Sarangani Province; Adriano L. Daut and Theresa H.
Mansano, all of legal age, married, Filipino, and residents of Purok
Linao, Brgy. Alegria, Alabel, Sarangani Province, unto your Honorable
Office, respectfully manifest that:

1. We are the registered owners of Motorcycles (Motor Star

155 Plate No. 52508, Mitsukoshi Euro 150 Plate No. BF31494
and Motoposh Pinoy Plate No. 125 MC 24435) which were
confiscated on March 16, 2017. Official Receipt of Certificate
of Registration is hereto attached as Annexes “A”, “B” and
“C”;

2. We received an order coming from your Honorable Office

dated March 01, 2018 for the confiscation of the ninety-five
(95) sacks of wood charcoal and three (3) units of
motorcycles with top-down sidecars in favor of the
government which is hereto attached as Annex “D”;

3. It can be recalled that on March 16, 2017 the said ninety-

five (95) sacks of wood charcoal loaded on three (3)
motorcycles with top-down sidecars were apprehended
along the National Highway of Barangay Baluan, General
Santos City. Photos of above-mentioned vehicles are hereto
attached as Annexes “E, F and G”;
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4. Herein affiants, except for Theresa H. Mansano who is not
impleaded, submitted an Affidavit of Undertaking which are
hereto attached Annexes “H and I”;

WHEREFORE, it is most respectfully prayed that the order of

this Honorable Office dated March 01, 2018 be reconsidered
considering that:

1. Herein affiants have no full knowledge that the above-

mentioned vehicles were used in the commission of the
offense which is necessary as provided in Section 7.3 of DAO
97-32 which states that:

“The registered owner and/or operator/driver of a

conveyance used in the commission of the offense had
full knowledge and willingly participated therein by
providing the conveyance for the illegal purpose to which
said conveyance was applied.”

2. The order of confiscation has no basis. In fact, the

authorities merely presumed that we were involved in an
illegal activity. It can be gleaned in the minutes of the Joint
Administrative Adjudication Proceedings being conducted by
CENRO Gensan and CENRO Glan, Sarangani that there was
no such allegations that we were involved or participated in
the commission of the offense.

It is indubitable that the adjudication committee merely

presumed or believed that we were into an illegal activity
without ascertaining whether their presumption is true or
not.

3. The motorcycles that are the subject of your order for

confiscation are our only means of livelihood. Without our
respective motorcycles, it would be very difficult for us to
make a living and provide for our families’ basic needs.
Hence, we humbly plea for the reconsideration of your
Order.

Alabel, Sarangani Province, April 04, 2018.

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RESPECTFULLY SUBMITTED BY:

ELENA F. BACAL ADRIANO L. DAUT

THERESA H. MANSANO

Assisted By:

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney I
Roll of Attorney No. 67366
MCLE Compliance New Lawyer
IBP OR No. 005682-19/May/2017
Email Add: hannahalefha20@gmail.com
PTR Exempt
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