Motion for Release of Vehicle

 

REPUBLIC OF THE PHILIPPINES

Department of Justice

OFFICE OF THE PROVINCIAL PROSECUTOR

(Office Address)

 

 

(NAME OF COMPLAINANT),

                                    Complainant,

            -versus-                                                          NPS Docket No. _______________

                                                                                    For: Reckless Imprudence Resulting in

(NAME OF RESPONDENT),                            Homicide and Damage to Property

Respondent.

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

 

 

MOTION FOR RELEASE OF VEHICLE

 

            COMES NOW, (NAME OF MOVANT), by himself, unto the Honorable Provincial Prosecutor’s Office most respectfully states that:

 

1.     The movant with residential address at (Address of Movant), is the registered owner of a (Brand and Model of Vehicle) with plate number (Plate Number), particularly described as follows:

 

MAKE:                       ___________

                                    ENGINE NO.:           ___________

                                    CHASSIS NO.:          ___________

                                    COLOR:                     ___________

                                    MV FILE NO.:          ___________

                                    PLATE NO.:              ___________

 

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

 

3.    That, the said motor vehicle, driven by (NAME OF DRIVER-RESPONDENT), was involved in a vehicular accident on (Date of Accident) at about (Time of Incident) in (Place of Accident) causing the death of (NAME OF VICTIM) and damage to the car driven by the victim.

 

4.    The said motor vehicle driven by (Name of Driver-Respondent) was impounded and currently under the custody of the (Police Station / Highway Patrol Group / LTO).

 

5.    The movant herein most respectfully requests for the immediate release of the impounded vehicle in view of the fact that the continued impounding of said vehicle would further cause its deterioration.

 

6.    The 2^ndparagraph of Article 45 of the Revised Penal Code exempts the property owned by a third person not involved in the incident from being confiscated and forfeited in favor of government.

 

7.     The said vehicle is not owned by respondent-driver but by herein movant who is not a party to this case.

 

8.    And as since the vehicle had already been processed by the police/traffic investigators at the scene of the incident, its further detention is no longer warranted.

 

9.  Undersigned movant undertakes to present the said motor vehicle, if released, whenever required by your Honorable Office or by any court of law.

 

 

PRAYER

 

            WHEREFORE, premises considered, it is respectfully prayed of the Honorable Provincial Prosecutor that the impounded motor vehicle owned by herein movant be released.

 

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

 

            (Date of Filing), (Place of Filing), Philippines.

 

 

                                                               (NAME OF MOVANT)

                                                                                                    Movant

 

 

Copy furnished:

 

(Rank and Name of Police/LTO Chief)

Chief of Police / Head of Office

(Office Address)