Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION OFFICE
Office of the City Prosecutor
Quezon City

GEOFFREY FAJARDO Y DOLOSO

Complainant,
NPS Docket No. INQ-18J-06626
For: SLIGHT PHYSICAL INJURIES,
GRAVE THREAT, GRAVE COERCION
- versus - AND MALICIOUS MISCHIEF

TYRONE JASON VALENCIA y DOCTOR

RAYMOND DOCTOR y CAMPANIEL
JERICO TOBE y DOCTOR
JORAM DOCTOR y CAMPANIEL
Respondents.
x-------------------------------------------------x

MOTION TO RELEASE VEHICLE

COMES NOW RESPONDENT, MR. TYRONE JASON VALENCIA,

through counsel and to this Office most respectfully states THAT:

1. The Respondent is the owner of a vehicle described as a Red

Mitsubishi Mirage G4 GLX1 with conduction sticker NO 5287
as evidenced by a Photocopy of OR/CR issued by LTO and
herein attached as ANNEX “A”;

2. The said vehicle was recovered and is still under the custody
of QCPD-CIDU in connection with this case as evidenced by
the Joint-Affidavit of Arrest executed by the Police Officers;

3. On October 05, 2018, this Office issued a Resolution ordering

the immediate release of herein Respondent and referred the
case for further investigation. A copy of the said Resolution
is herein attached as ANNEX “B”;

4. In the same Resolution, it was held that Respondent was not

lawfully arrested under Section 5, Rule 113 of the Rules of
Criminal Procedure and/or for insufficiency of evidence to

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 hold respondent for trial in Court. Hence, the undersigned
counsel respectfully submits that as a consequence of the
Respondent’s illegal arrest, any evidence recovered from the
Respondent such as his vehicle shall be inadmissible and must
be released accordingly;

5. In view thereof, Respondent is moving for the release of the

said vehicle for his Family’s personal use especially now that
his wife is pregnant and needs special attention by attending
medical checkups, emergencies and for daily transportation
to and from work;

6. Respondent is willing to substitute the same with copies of

the OR/CR together with the vehicle’s photographs;

7. This Motion is filed in the interest of justice;

PRAYER

WHEREFORE, foregoing premises considered, it is most respectfully

prayed of this Honorable Office that this Motion be GRANTED and that
an ORDER be issued directing the QCPD-CIDU to immediately release
the Respondent’s vehicle described as Red Mitsubishi Mirage G4 GLX1 with
conduction sticker NO 5287.

Other just and equitable reliefs are prayed for under the premises.

Respectfully submitted.

Quezon City, Philippines this 10th day of October 2018

RUBIO LAW OFFICE

3rd Flr. Joy Nostalg Center,
ADB Ave., Ortigas Center
Pasig City, Metro Manila 1600
jairusbaldemorrubio@gmail.com
Tel No. 9584884/09053463310

By:

ATTY. JAIRUS B. RUBIO

Counsel for the Defendant
Roll No. 64701
PTR No. 5567423; 01/05/18; QC
IBP No. 021860; 01/08/18; QC
MCLE Compliance No. V-0022377

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COPY FURNISHED

GEOFFREY FAJARDO Y DOLOSO

Complainant
40 Scout Borromeo Street,
Barangay South Triangle,
Quezon City, Metro Manila

PO3 JERME DOLLENTE

Case Investigator
QCPD-CIDU
Camp P/M Gen. Tomas B. Karingal,
Sikatuna Village, Quezon City