ai! Globe > 11:35 PM © © 33%m_) < Sample Petition for Bail Aa REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FOURTH JUDICIAL REGION BRANCH 87 ROSARIO, BATANGAS ‘THEPEOPLE OF THE ‘MILIPPINES, Plainti, CRIM CASE No, versus , VIOLATION OF ARTICLE I SECTION $ OF REPUBLIC ACT 9165 (Comprehensive Accused. Dangerous Drags Act of 2002) x Petition For Boi 1 ———_ PETITION FOR BAIL, Accused JUAN AelQ. Livgby counsel, most respectfully petition the Honorable Court to grant him bail, upon these considerations: (0 \Volatim oF Accused JUG GEG Canzis charged, together with a certain ‘of Violation of Article M1, Section $fof Republic Act CODA Ort - 2 Cex.9165 (Comprehensive Dangerous Drugs Act of 2002) in an Amended if ho Weil yng — inormation, dated QereGer 23 2012 and no bail was recommended for their provisional libesty. 2. The Amended Information is a result of the recommendation made by the Public Prosecutor Peter A. Beloso, based on a Resolution he rendered, dated October 23, 2012 on the Preliminary lave Frolable : : d ” " for Viol f Article I, cause against accuse for Violation of Article I, Cours Section 5 of Republic Act 9165, and does not recommend bail for his provisional liberty jgation, finding probable ©®@ Q 0% read page 1 of 6arntgkd Ondk pret detommd. Ewdenu vp ~ ———* Wh senor w ci, Legal Bart Conclusion, hae gaint hein accused 3. Accused \was arrested on March 5, 2013, by virtue of a warrant of arrest issued by the Honorable Court and is presently detained at the Padre Garcia Police Station pimenaly ota A ccrignne mie enn ina pebate coues aguas atonal , it is submitted that the evidence against him is not strong and therefore he may be granted bail. ‘5, Section 13, Article II of the 1987 Philippine Constitution provides: ‘AW persons, except those charged with offenses punishable by rectusion perpetua when evidence of guilt is strong, shall before conviction, ‘he bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right fo bail shall not be impaired even when the privilege of the writ of habeas corpus ts suspended, excessive bait shall not be required.” 6 Section 7, Rule 114 of the Revised Rules of Court, likewise provides: ‘Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable.-No person charged with a capital offense, or an offense punishable by rectusion perpetua or life inprisonment, when evidence of guilt ts strong, shall be admitted to bail regardless of the stage of the criminal prosecution.” 7 is submitted that the evidence of the prosceution in support of the is not strong as to deny his constitutional and statutory right to bail, This is clearly shown by the following considerations: aSection 5, Article I of Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002) provides: ‘Sale, Trading, Administration, Dispensation, Delivery, Distribution and transportation of Dangerous Drugs and/or Controtted Precursors and Essential Chemicals- The penalty of life imprisonment to death and a fine ranging Jrom Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by lav, shall sell, trade, administer, dispense, diliver, give away to another, distribute dispatch in transit or transport any dangerous drugs,oe fot including any and all species of opium poppy regardless of the quantity and purity involved, or shall act asa broker tn any Such transactions XN’ bb. It is apparent from the foregoing paragraph, that in onder for an accused to be convicted under Section 5, he must have either: sold, traded, administered, dispensed, delivered, gave away, distributed or transported dangerous drugs and/or controlled precursors and essential chemicals; or ‘must have acted as a broker in any such transactions; and the same must be proven beyond reasonable doubt based on evidenee. € None of the object evidence taken after the buy-bust operation conducted by the operatives of the Padre Garcia Police on August 19, 2012 was the product of a sale, trade, administation, dispensation, distribution or {ransportation done or made by accused : 4. The only evidence linking accused to the instant ease are the statements made by the operatives of Padre Garcia Police that he was in conspiracy with accused in selling the shabu, because it was him who handed to the latter the heat-sealed transparent plastic sachet, containing methamphetamine hydrochloride, which in turn was sold to the poseur buyer. «, Statements like this given by the operatives themselves should be {treated with caution and must be considered with outmost care, ‘They must not be given the simple convenience of alleging conspiracy. The existence of conspiracy, just like the crime itself must be proven beyond reasonable doubt. £ Accused do not deny being at the house of ‘when the buy-bust operation was conducted on August 19, 2012. It isa situation of being “at the wrong place at the wrongtime.” But mere presence at the premises where the buy-bust operation was conducted does not make one automatically a conspirator. If indeed he participated as stated by the operatives, he could have been arrested together with accused # The statements made by the operatives that accused hhanded accused the heat- sealed plastic containing shabu and sold to the poscur buyer, which somehow gives the situation a color of conspiracy, defies logic and contrary to ordinary course of things which is readily observable. One question always stands out; Why is there a need for accused to summon accused and require from the latter a he: aled plastic sachet containing the shabu, ‘when according to the operatives themselves they frisked the former after he ‘was arrested and the search yielded one transparent plastic sachet containing White crystalline substance, suspected 10 be shabu and three pieces transparent plastic sachet (tea bag) suspected to be containing dried leaves of ‘marijuana? ‘There is no logical need or reason for accused to require from accused the hheat-sealed plastic sachet containing shabu because the former have with hhim available quantity as alleged by the operatives and evidenced by the object evidence seized from the body of after the buy-bust operation, the prosecution proves that the evidence of guilt against is sinoag, accused is entitled to right to bail enshrined and guaranteed by our statutes and Constitution, EFORE, premises considered, is most respectfully prayed of this Honorable Court 1 grant herein —_accused-movant bail for his provisional liberty and to fix the same in an amount in cash o surety as it may deemed sufient.Butangas City for Rosario, Batangas, March 8, 2013. RESPECTFULLY SUBMITTED: MANALO & CLEMENO LAW OFFICES, ‘Counsel for Accused Raymund Perez 1st Fit. N. Sangalang Bldg, , Tirona St, Batangas City By: RICARDO B, MANALO II Roll No, 43030 IBP No, 873272 Dec 28, 2012 PTR No, 1833670 Jan, 2, 2013 Batangas City MCLE Exemption No, I11-000657 December 16, 2009 ‘The Branch Clerk of Court Regional Trial Court Branch 87 Pros. Peter A. Beloso Office of the Provincial Prosecutor Rosario, Batang: GREETINGS: Please be notified that the foregoing Petition for Bail will be submitted by the undersigned on March 14, 2013 at 2:00 o'clock in the afternoon, or as soon thereafter as counsel and matter may be heard, ‘March 8, 2013. RICARDO B, MANALO IL Copy fumished!