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    Motion To Release

    Uploaded by

    Mai pee
    The motion requests the release of two motor vehicles - a Toyota Hi Ace GL Grandia and a Fuzo Dropside Truck - from the custody of the Bureau of Internal Revenue. The vehicles were confiscated in relation to an investigation for possession of cigarettes with fake tax stamps, but the owner of the vehicles was not involved in the offense and the vehicles are not necessary as evidence. The continued retention of the vehicles is impairing the owner's ability to earn a living and could cause deterioration of the vehicles. The motion argues that there is no legal basis to confiscate property belonging to a third party not liable for the offense.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Motion To Release

    Uploaded by

    Mai pee
    78 views4 pages
    The motion requests the release of two motor vehicles - a Toyota Hi Ace GL Grandia and a Fuzo Dropside Truck - from the custody of the Bureau of Internal Revenue. The vehicles were confiscated in relation to an investigation for possession of cigarettes with fake tax stamps, but the owner of the vehicles was not involved in the offense and the vehicles are not necessary as evidence. The continued retention of the vehicles is impairing the owner's ability to earn a living and could cause deterioration of the vehicles. The motion argues that there is no legal basis to confiscate property belonging to a third party not liable for the offense.

    Original Description:

    MOTION TO RELEASE

    Original Title

    MOTION TO RELEASE

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    The motion requests the release of two motor vehicles - a Toyota Hi Ace GL Grandia and a Fuzo Dropside Truck - from the custody of the Bureau of Internal Revenue. The vehicles were confiscated in relation to an investigation for possession of cigarettes with fake tax stamps, but the owner of the vehicles was not involved in the offense and the vehicles are not necessary as evidence. The continued retention of the vehicles is impairing the owner's ability to earn a living and could cause deterioration of the vehicles. The motion argues that there is no legal basis to confiscate property belonging to a third party not liable for the offense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    78 views4 pages

    Motion To Release

    Uploaded by

    Mai pee
    The motion requests the release of two motor vehicles - a Toyota Hi Ace GL Grandia and a Fuzo Dropside Truck - from the custody of the Bureau of Internal Revenue. The vehicles were confiscated in relation to an investigation for possession of cigarettes with fake tax stamps, but the owner of the vehicles was not involved in the offense and the vehicles are not necessary as evidence. The continued retention of the vehicles is impairing the owner's ability to earn a living and could cause deterioration of the vehicles. The motion argues that there is no legal basis to confiscate property belonging to a third party not liable for the offense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    SUPREME COURT
    8th Judicial Region
    MUNICIPAL CIRCUIT TRIAL COURT
    San Miguel-Tunga, Leyte

    PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. M-SAN-2019-018-


    Plaintiff, CR

    FOR: Violation of Section 263 of RA


    -vs- 8242, as amended

    JORGE P. MANTOA,
    LEE TSAI FAH, AND ARVIN SY,
    Accused.
    x------------------------------------------x

    MOTION TO RELEASE MOTOR VEHICLE

    COMES NOW, movant JUNMAR SAN AGUSTIN ANONUEVO,


    by the undersigned counsel and unto this Honorable Court, respectfully
    aver that:

    1. Movant with residential address at Brgy. Consuelo, Guimba,


    Nueva Ecija, Nueva Ecija, is the owner of a Toyota Hi Ace GL
    Grandia with Plate No. UZQ 299, copy of the Deed of Absolute
    Sale and the Official Receipt/Certificate of Registration (OR/CR)
    are hereto attached as Annex 1 and 2 respectively;

    2. Movant is likewise the owner of a Fuzo Dropside Truck with Plate


    No. 0301-00000765740, copy of the Deed of Absolute Sale and
    the Official Receipt/Certificate of Registration (OR/CR) are
    hereto attached as Annex 3 and 4 respectively;

    3. On December 7, 2019, the said Fuzo Dropside Truck was


    involved in an investigation on the reported possession of
    cigarettes with fake stamps;

    4. The said motor vehicles were confiscated and are currently


    under the custody of the Bureau of Internal Revenue (BIR),
    Revenue Region No. 14 – Eastern Visayas;

    5. The said motor vehicles are being utilized by the movant in his
    business as well as personal activities and were never intended
    to be used for any illegal purpose;

    Page | 1
    6. There is no cogent reason to retain custody over the said Toyota
    Hi Ace GL Grandia in view of the fact that it was not used in the
    commission of the offense and is not included in the list of
    exhibits to be presented by the prosecution;

    7. Likewise, there is no cogent reason to confiscate, much more to


    retain custody over the said motor vehicles in view of the fact that
    they are properties of the movant who is not liable, much more
    indicted, for the above-mentioned offense;

    8. Article 45 of the Revised Penal Code provides:

    Article 45. Confiscation and forfeiture of the proceeds or


    instruments of the crime. - Every penalty imposed for the
    commission of a felony shall carry with it the forfeiture of the
    proceeds of the crime and the instruments or tools with which it
    was committed.

    Such proceeds and instruments or tools shall be confiscated and


    forfeited in favor of the Government, unless they be property
    of a third person not liable for the offense, but those articles
    which are not subject of lawful commerce shall be destroyed.

    9. The movant maintains that the presentation of the said motor


    vehicles as evidence is immaterial in proving the commission of
    the offense for violation of Section 263 of RA 8242, as amended,
    or the Unlawful Possession of Articles Subject to Excise Tax
    without Payment of the Tax as was charged in the information;

    10. Furthermore, the movant neither has knowledge nor has


    given any consent for the accused to utilize the said motor
    vehicles for any illegal purpose as he is residing in Nueva Ecija
    and does not have any personal communication with the latter;

    11. The continued retention of the said vehicles has impaired


    the movant's capacity to earn and would further cause the
    vehicles’ deterioration;

    12. This motion is not intended to delay the proceedings of this


    case but solely for the reasons stated above.

    WHEREFORE, it is respectfully prayed that an Order be issued


    for the release of the above-described motor vehicles from the custody

    Page | 2
    of the Bureau of Internal Revenue (BIR), Revenue Region No. 14 –
    Eastern Visayas and deliver the same to movant.

    Other just and equitable remedies are likewise prayed for.

    Tacloban City, February 10, 2020.

    MA. CHRISTINA ERNEST M. DE OÑO


    0977 R. Mendiola St., Brgy. Sta Cruz,
    Palo, Leyte, Philippines 6501
    Contact No. 09173217334
    Roll of Attorneys No. 72489/06-14-19
    IBP No. 108822/01-09-2020, Leyte Chapter
    PTR No. 7943734/01-03-2020, Tacloban City
    MCLE Compliance No. VII - 0001148

    NOTICE OF HEARING

    THE BRANCH CLERK OF COURT


    Municipal Circuit Trial Court
    San Miguel-Tunga, Leyte

    Kindly submit the foregoing Motion for the consideration and


    approval of the Honorable Court on February 11, 2020 or at such date
    and time as may be convenient to the Honorable Court.

    ATTY. MA. CHRISTINA ERNEST M. DE OÑO

    Explanation

    Copy of the Motion was furnished by registered mail due to the


    distance of the undersigned from the said parties, making personal
    service thereof not practicable.

    ATTY. MA. CHRISTINA ERNEST M. DE OÑO

    Copy furnished:

    DENNIS DON M. SOLIS


    Office of the Provincial Prosecutor - Leyte

    Page | 3
    ROBERTO NOEL Q. AÑOVER
    EXTA Division, Chief
    Bureau of Internal Revenue
    Revenue Region No. 14 – Eastern Visayas
    Gov. Center, Palo, Leyte

    CECILIO D. REFUERZO
    EXTA Excise Taxpayer Area III, Supervisor
    Bureau of Internal Revenue
    Revenue Region No. 14 – Eastern Visayas
    Gov. Center, Palo, Leyte

    CRISTINA M. BAUTISTA
    EXTA Excise Taxpayer Area III, Revenue Officer I
    Bureau of Internal Revenue
    Revenue Region No. 14 – Eastern Visayas
    Gov. Center, Palo, Leyte

    Page | 4

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