Human Rights Requirement

Motion for Own Recognizance

Submitted by:

AMORES, KURT PHOEBUS

LI, JINNELYN
SO, MARLA
VILLARIN, CARLO

Submitted to:

Judge Yvonne Artiaga

Submitted on:

October 11, 2019

 REPUBLIC OF THE PHILIPPINES
7th Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
BRANCH 15, Cebu City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

Crim. Case No. 12345

For: Perjury
-versus-

Mr. JUAN DE LA CRUZ,

Accused.
x------------------------------------------------x

MOTION FOR RELEASE ON OWN RECOGNIZANCE

THE Accused, JUAN DE LA CRUZ, through counsel, who hereby

respectfully enters a special appearance solely for the purpose of securing
his provisional liberty, unto this Honorable Court, invoking his special
entitlement pursuant to A.M. No. 12-11-2-SC in relation to Section 5 (b), 6,
and 7 of R.A. No. 10389, respectfully moves for his release on recognizance,
on the ground that, to wit:

1.) That pursuant to the GUIDELINES FOR DECONGESTING

HOLDING JAILS BY ENFORCING THE RIGHTS OF ACCUSED
PERSONS TO BAIL AND TO SPEEDY TRIAL (Administrative
Memorandum No. 12-11-2-SC), the Accused hereby respectfully
applies for release on recognizance before the Municipal Trial
Court.

2.) That since the filing of the case on 21 September 2018, the
Accused is detained for the charge of Perjury under Article 183
of the Revised Penal Code; and that the Accused was already
arraigned on 21 October 2018.
3.) That the Accused has been in detention for over a year, which is
equal to the minimum penalty for imprisonment prescribed
under the Revised Penal Code, without the benefit of the
Indeterminate Sentence Law.

4.) That the Accused failed to post the required bail bond of
TWELVE THOUSAND PESOS (P12,000.00), by reason of abject
poverty.

5.) That as of 21 September 2018, the case is still undergoing the

presentation of the second witness for the Prosecution.

6.) That the following are attached to comply with the

requirements under Section 6 of R.A. No. 10389:

(a) Attached as “Annex A”, a sworn declaration by the

Accused of his indigency and his incapacity to post
sufficient sureties for the bail of the Accused since he
does not own any personal or real property.

(b) Attached as “Annex B”, a Certification of Indigency by

the Social Welfare and Development Office of Cebu City.

7.) That the Accused is neither a recidivist, quasi-recidivist, habitual

delinquent, nor has he committed a crime aggravated by the
circumstance of reiteration, has not escaped from legal
confinement, nor pose the risk of flight or the commission of
another crime during the pendency of the case, or any
disqualifications as held by law;

8.) Pursuant to the requirement that a detained person on

recognizance be released to a qualified custodian, AKEMI
AKIMOTO, a responsible member of the Community and a
resident of Beverly Hills, Lahug, Cebu City, is willing to accept
the custody of the accused and guarantee his appearance
whenever told to do so by the Court or the Probation
Administration.
9.) The aforementioned AKEMI AKIMOTO possesses all the
qualifications of a custodian under Section 8 of Republic Act No.
10389.

10.) That the Accused further assures this Honorable Court that he
will appear at every stage of the proceedings mandated through
the trial.

11.) That Accused has none of the disqualifications provided for

under Section 7 of R.A. No. 10389 and is entitled to avail of the
benefits of recognizance.
 PRAYER

WHEREFORE, premises considered, it is respectfully prayed unto this

Honorable Court, that the Accused be RELEASED on his own recognizance
pending the trial of this instant case.

Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED.

Cebu City, Cebu, Philippines, October 11, 2019.

Respectfully submitted.

KURT PHOEBUS AMORES

rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11111
PTR NO. 111111 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11111, CEBU CITY
MCLE NO. IV-1111, 1/11/11

JINNELYN LI
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11112
PTR NO. 111112 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11112, CEBU CITY
MCLE NO. IV-1112, 1/11/11

MARLA SO
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11113
PTR NO. 111113 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11113, CEBU CITY
MCLE NO. IV-1113, 1/11/11
 CARLOS VILLARIN
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11114
PTR NO. 111114 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11114, CEBU CITY
MCLE NO. IV-1114, 1/11/11

Copy furnished:

ATTY. KIMBERLY LI
Office of the City Prosecutor
Cebu City, Cebu, Philippines
 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has
been furnished by Hand Delivery/Facsimile to the Office of the City
Prosecutor, Cebu City this 12th day of October 2019.

KURT PHOEBUS AMORES

rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11111
PTR NO. 111111 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11111, CEBU CITY
MCLE NO. IV-1111, 1/11/11

JINNELYN LI
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11112
PTR NO. 111112 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11112, CEBU CITY
MCLE NO. IV-1112, 1/11/11

MARLA SO
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11113
PTR NO. 111113 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11113, CEBU CITY
MCLE NO. IV-1113, 1/11/11

CARLOS VILLARIN
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11114
PTR NO. 111114 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11114, CEBU CITY
MCLE NO. IV-1114, 1/11/11
 NOTICE OF HEARING

ATTY. KIMBERLY LI
Office of the City Prosecutor
Cebu City, Philippines

Greetings!

This is to inform that on Friday, 08 November 2019,

a Motion for Release on Own Recognizance shall be submitted for the
consideration and approval of the Honorable Court or as soon thereafter.
This is in consonance of Criminal Case No. 12345 under Branch 15 of the
Municipal Trial Court in Cities (MTCC) of Cebu.

KURT PHOEBUS AMORES

rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11111
PTR NO. 111111 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11111, CEBU CITY
MCLE NO. IV-1111, 1/11/11

JINNELYN LI
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11112
PTR NO. 111112 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11112, CEBU CITY
MCLE NO. IV-1112, 1/11/11

MARLA SO
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11113
PTR NO. 111113 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11113, CEBU CITY
MCLE NO. IV-1113, 1/11/11
 CARLOS VILLARIN
rd
3 floor JLi Building, Cebu City
Cebu, Philippines
ROLL OF ATTORNEYS NO. 11114
PTR NO. 111114 CEB 11 MAR 2019
IBP LIFETIME MEMBER NO. 11114, CEBU CITY
MCLE NO. IV-1114, 1/11/11
 “ANNEX A”

Republic of the Philippines……………….}

Cebu City………………………………………….} s.s.

AFFIDAVIT OF INDIGENCY

I, JUAN DE LA CRUZ, Filipino, of legal age, with residence and address

at Brgy. Kalunasan, Cebu City, after having been duly sworn to in accordance
with law, depose and say:

1. That I am a habal-habal driver with sporadic source of livelihood or

income, belonging in the lower strata in life;

2. That my daily gross income is in the amount of ONE HUNDRED PESOS

(PHP100), which does not exceed twice the daily minimum wage in
this City.

3. That having been poor my entire life, I have also not attained any
education that could enable me to pursue a prolific career.

4. That I am single and have no descendants, nor any living ascendants;

and

5. That I do not own any personal and real properties sufficient to post
my own bail;

I am executing this affidavit to attest to the truth of the foregoing, to

release in my own recognizance, and for whatever purpose it may serve.

JUAN DE LA CRUZ
Affiant

SUBSCRIBED AND SWORN to before me this 11th day of October 2019 in

Cebu City, Philippines, and I have read and translated the foregoing Affidavit
in a dialect known and understood by the affiant.
 ATTY. SHARMAINE LI
Doc No. 14
Page No. 03 Notary Public Until 12/31/20
Book No. XIV SHARMAINELI.lawoffice@gmail.com
Series of 2019 ROLL NO. 11116
IBP No. 111116/01-01-19/ CEBU CITY
PTR NO. 11111116/ 01-01-19/ CEBU CITY
1111 JinLi Building, CEBU CITY
+63 (32) 111 1123
 “ANNEX B”

Republic of the Philippines

Province of Cebu
City of Cebu
City Social Welfare and Development Office

CERTIFICATE OF INDIGENCY

TO WHOM IT MAY CONCERN:

This is to certify that JUAN DE LA CRUZ, of legal age, single, son of the late
Mr. and Mrs. Jay de la Cruz, is a bona fide resident of Barangay Talisay, Cebu
City.

Juan de la Cruz has no siblings and no descendants and suffers below the
poverty line, having only a combined annual net income of not exceeding
twenty-five thousand pesos (₱25,000.00). The said person is of good moral
character and a well-known habal-habal driver of the community.

This certification is being issued upon the request of the above-named

person for whatever purposes it may serve him best.

Given this 11th day of November 2019 in Cebu City, Cebu.

Judly Li
Head of Office