Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Borongan City, Eastern Samar

People of the Philippines,

Plaintiff,

NPS No. VIII-B-INV-16K-00081

For: Violation of Section 1 RA 10593

-versus-

Teodoro Cueycong y Fabria,

Jonathan Adizas y Labong,
Danilo Cabaero y Sierra,
Accused,
x---------------------------------x
URGENT MANIFESTATION WITH MOTION
TO RELEASE MOTOR VEHICLE
UNDERSIGNED MOVANT MIGUEL A. CABAERO, JR. of legal
age, Filipino, married and a resident of Barangay Buray, Paranas
Samar, after having duly sworn to in accordance with law, hereby
depose and state:
1. The herein movant is the lawful owner of a six (6) wheeler
isuzu truck, particularly described as follows:
MAKE
CHASSIS NO.
PLATE NO.
TYPE OF BODY
FILE NO.
YEAR MODEL

ISUZU
NPK58L-7125375
WTR459
DROPSIDE
1368-152976
2001

2. That on 30 October 2016, the above-described vehicle was

rented by the above name-accused Danilo Cabaero in the
amount of Ten Thousand Pesos (P10,000.00) for the
purpose of hauling construction materials. To substantiate
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the foregoing claim, a copy of the handwritten rental

contract signed by Danilo Cabaero dated 30 October 2016
is hereto attached as ANNEX 1.
3. That being engage in vehicle rental business, undersigned
movant had already known Danilo Cabaero because he
had previously rented the above-described truck. In which
no untoward incident happened, neither any deception done
by said Danilo Cabaero.
4. That it came to our knowledge that the above-described
vehicle was apprehended on October 31, 2016 at Barangay
Nato, Taft, Eastern Samar by PNP personnel allegedly for
violation of Section 1 of Republic Act 10593 or the illegal
transport of coconut lumber without any permit as required
under the law and that the same is presently under the
custody of Philippine Coconut Authority, Borangan, E.
Samar.
5. That I have not consented to its use to transport lumber, I
have no participation nor any knowledge that the abovedescribed vehicle will be used by Danilo Cabaero in
transporting the apprehended coconut lumber, thus,
movant respectfully moves that the above-described
motor vehicle be released immediately to him.
6. That the above-described vehicle is necessary for our dayto-day transaction needs being lawfully engaged in a
legitimate truck-for-hire business.
7. That further, I hereby declare that I was not previously been
held administratively or criminally liable for violation of
Coconut Preservation Act.
8. That the undersigned movant undertakes to present the
motor vehicle before the Honorable Office or any other
tribunal whenever required upon the proper notice. A copy
of the Affidavit of Undertaking executed by herein movant is
hereto attached as ANNEX 2.

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WHEREFORE, premises considered and in the interest of

supreme justice and for equitable reasons, it is most respectfully
prayed of this Honorable Office that this Motion be GRANTED and
an order be issued to RELEASE the above described Isuzu Cargo
Truck with Plate No. WTR459 to herein undersigned movant.
5th day January 2017, Tacloban City, Leyte, Philippines.
Respectfully submitted.

MIGUEL A. CABAERO,
JR.

Movant

The Clerk of the Office

Provincial Prosecutors Office
Borongan City, E. Samar
Please submit the foregoing Motion to Release Motor Vehicle
for the kind consideration of the Honorable Office, upon receipt
hereof.

MIGUEL A. CABAERO, JR.

Movant

Copy Furnished:
Philippine Coconut Authority
Boronagan, Eastern Samar

________________________

ESPPSC, Third Platoon

Barangay Nato, Taft, E. Samar

________________________

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