CARNAPPED..NEED LEGAL ADVICE.

Greetings!

I have a situation. Our car was lost last February 5, 2017 at Dasmarinas, Cavite City. First or second week of March 2017 (can't remember exact date), while processing important documents required for insurance claim and alarm sheet for carnapping incident, someone informed as that the suspect has been arrested and currently locked up at Makati Police Station and that our car was there also. We immediately go there to confirm the said report. And yes, it's positive, the car was there. The problem is, until now, ayaw po nila i-release yong sasakyan kahit complete naman yong papers/documents na nagpapatunay na sa amen yong unit. We also have a copy of police report na galing sa Cavite where the incident occured, pinakita namen for them to realize and believe us na may report talaga yon na nawawala. Yesterday, while trying to asked them the status of our request, they said, kailangan daw from fiscal yong motion to release. It's been a month Sir/Ma'am na hinahanap namen yong car, very tiring na on our part, yet ito na andyan na sa harap namen yong sasakyan pero hindi pa rin namen makuha. Tama po ba yong sabi nila na dapat from fiscal pa yong motion to release or are they trying to delay lang yong release? Please anyone, I need your advice/opinion on these. Hope to hear from. Thank you so much!

The police cannot just release your car because it is an evidence against the respondent/accused. Since the respondent/accused was already arrested and currently in prison, it is safe to assume that a case is already filed against him. If that is the situation, you really need to file a Motion to Release the Vehicle before the Prosecutor's Office or Court where the case is pending.

Here is a sample of the motion, if the case is pending before the Office of City/Provincial Prosecutor:

https://www.scribd.com/doc/313611859/Motion-to-Release-Motor-Vehicle

You need to attach a photocopy of the Certificate of Registration and Official Receipt, and pictures of the car as annexes.

If it's already pending with the court, you need to add a Notice of Hearing and set your motion for hearing. Copy furnished the Office of the City or Provincial Prosecutor and the Police Station  which has custody of your vehicle including the respondent/accused. Here's a sample of the Notice of Hearing:

Notice of Hearing:

CLERK OF COURT
Regional Trial Court
Branch ____, __________


G r e e t i n g s:

Please submit the foregoing motion for the consideration and approval of the
Honorable Court on ________________ at _______ a.m./p.m. or at such time and date as
may be convenient to the Honorable Court.


                                                                SIGNED YOUR NAME HERE

Copy Furnished:

OFFICE OF THE CITY PROSECUTOR
______________________________
______________________________

NAME OF THE ACCUSED
_____________________________
_____________________________

POLICE STATION
_____________________________
_____________________________

G r e e t i n g s:

Please submit the foregoing motion for the consideration and approval of the
Honorable Court on ________________ at _______ a.m./p.m. or at such time and date as
may be convenient to the Honorable Court.


                                                                SIGNED YOUR NAME HERE


Then include an explanation if you cannot make personal service of the motion to the copy furnished parties.

You must take note that Courts have what you call a Motion day and differs from every court. So you need to call the branch of the court where the case is pending to determine their scheduled motion day so you could set the hearing on said date.  


Should your motion be granted, an Order of Release shall be issued in your favor. Bring this document to the police station where your car was impounded so you could process it's release.


Ask the police station where the car is impounded to get information on which prosecutor's office or court, the case is pending.  

Good luck!

Hi Ma'am,

Very helpful po yong advice ninyo. Pero in case po na colorum yong sasakyan ko, anu po gagawin ko? Halos parehas po kasi kami ng problem, yong aken lang taxi po sya tapos colorum kasi, pero may ilalakad po ako na franchise, inaantay ko lang po kasama ko para makamura po sana. Yong driver po ng taxi ko, gumawa po sya ng krimen "holdup" po. Tapos nahuli po sya kasama nung unit, nakakulong na po yong driver tapos naka-hold po ngayon yong taxi ko sa may Makati Police din po. Matagal po namen nalaman yon, siguro halos 2 months din. Nung ipapa-process na namen yong motion for release, nagbigay kami ng requirements, OR/CR nga po yon tsaka picture nung sasakyan, nung nag follow-up po kami, ang sabi ng fiscal kailangan daw yong franchise copy nung plate number mismo na ginamit dun sa taxi, ang nakalagay po kasi na plate number dun sa picture ng sasakyan na pinasa namen ay yong private car pa po sya, temporary plate number po yon na issue ng toyota kung saan namen nabili yong sasakyan. Pag ganung case po, since colorum yong taxi ko at wala akong maipakita na franchise, anu gagawin po namen para ma-issuehan po kami ng motion to release ng fiscal? Sana po bigyan nyo ako ng advice. Salamat ng marami!

Clarificatory questions:

1. Was the vehicle using a yellow plate number?
2. Did you improvise or tamper its license plate?

The joint agencies, DOTC-LTFRB-LTO, have imposed a stricter fines and penalties under Joint Administrative Order (JAO) No. 2014-01 against erring public utility vehicle (PUV) drivers and operators who are operating illegally or those who will violate their franchise regulations.

FOR COLORUM VIOLATION:

If the type of your vehicle is a sedan and it is your first offense, a fine of P120,000.00 shall be imposed and the vehicle will be impounded for a period of 3 months. Since you mentioned that you are planning to apply for a franchise, please be informed that your car may be blacklisted from being used a public utility vehicle.

You may file a Manifestation with the Prosecutor's Office stating that the certificate of public convenience (CPC) of the vehicle is under processing (if this is the case) or that you have not been issued a CPC to operate the vehicle as a public utility. But there are repercussions. Since you have admitted to have violated a traffic regulation, you will be endorsed to the proper agencies which will imposed the fine and penalties above-discussed. You will be ordered to pay the fine, your car will be impounded for 3 months and you can no longer apply for CPC since your vehicle will be blacklisted.

Seek the advice of your lawyer to properly guide you on your options. Weigh on the pros and cons to determine if the cost in getting the car is worth its present value.

Good luck and I hope this helps.

Hi Ma'am,

Again, very helpful po yong reply ninyo.

Yellow plate number po yong gamit ng taxi. Sedan po yong type ng vehicle, new model po sya, year 2016, worth 600k din po yon.

Dun po ba sa repercussions na nabanggit ninyo, may idea po ba kayo kung anu po yong possibleng epekto nun kapag nag file kami? Makakasuhan po ba kami or penalties/fines lang ang ibibigay nila sa amen? Sorry maraming questions, wala kasi kami abogado na pwede namen pagtanungan.

Salamat!

Hi Mrs_Scofield!

Thank you so much! Big help.