Republic of the Philippines

Province of Ilocos Norte

Department of Justice (NPS)
Office of the Provincial Prosecutor
Laoag City

PNP-San Nicolas Police Station,

Complainant
-versus-

NPS Docket No. I-04-INQ-16K-00000

______________________
Respondent
X- - - - - - - - - - - - - - - - - - - - - X

MOTION TO RELEASE CONFISCATED ITEMS

Respondent, by himself and to this Honorable Office of the Provincial
Prosecutor respectfully avers:
1. That on November 26, 2016 operatives of PNP San Nicolas Station
together with CIDG and INPPSC, INPPO implemented a Search Warrant
Number 2016-00-00 issued by Hon. Judge Conrado A. Ragucos, RTC
Branch 16, Laoag City dated November 23, 2016 for Violation of RA
10591.
2. That said implementation of the Search Warrant it resulted to the
confiscation of the following items, to wit:
1. One (1) unit of alleged converted cal. 22/air gun rifle with scope
bearing Serial Number 255219
2. Four (4) units of different type of airsoft rifles
a. One(1) unit airsoft with marking marked by the operatives as
GR-8
b. One(1) unit airsoft with marking marked by the operatives as
GR-9
c. One(1) unit airsoft with marking marked by the operatives as
GR-10
d. One(1) unit airsoft with marking marked by the operatives as
GR-11

3. That the new definition of firearms under RA 10591 as what stipulated in

Article 1, Section 3, letter l,
Firearms refers to any handheld or portable weapon, whether a small
or light weapon, that expels or is designed to expel bullet, shot, slug,
missile or any projectile, which is discharged by means of expansive
force of gases from burning gunpowder or other form of combustion
or any similar instrument or implement. For purpose of this Act, the
barrel, frame or receiver is considered a firearm (emphasis supplied).
4. That the above stated definition itself is convincing that it exempt airsoft
guns and air guns from being classified as firearms, both airsoft and air
guns do not expel a projectile through combustion and use compressed
air or gas that does not combine with another gas or powder for any
combustion process to push an air gun pellet out.1
WHEREFORE, respondent prays the Honorable Office of the Provincial
Prosecutor to grant the release of the above described Airsoft Guns and Air gun.
Such other relief that are just and equitable under the premises are likewise
prayed for.
Respectfully Submitted
Done December 1, 2016, Laoag City, Philippines

______________________
Respondent

Copy Furnished by Personnel Service

1. PNP Chief of Police
PNP San Nicolas Station
San Nicolas, Ilocos Norte

Honorable Provincial Prosecutor

Province of Ilocos Norte
Laoag City
The Clerk of Court
Regional Trial Court
Branch ____, Laoag City
GREETINGS!
Please take notice that the undersigned will submit the foregoing motion for
the kind consideration and approval of the Most Honorable Court immediately
upon receipt hereof.

______________________
Respondent

Copy Furnished
1. Office of the Chief of Police
PNP San Nicolas Station
San Nicolas Ilocos Norte