REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th JUDICIAL REGION
BRANCH 15
DAVAO CITY

PEOPLE OF THE PHILIPPINES Crim. Case No. 76142

Petitioner, For: Violation of Sec. 5 of
RA 9165 (Dangerous Drugs Act)
-vs-

EVERARD
Respondent.
x---------------------------------------x

APPLICATION FOR BAIL

Accused EVERARD, through the undersigned counsel, most

respectfully states that:

1. Accused is in custody of the law for the alleged commission of

Violation of Sec. 5, in relation to Sec. 26. Art. II of RA 9165, a
non-bailable offense, thus no bail has been recommended for their
temporary release, on the assumption that the evidence of guilt is
strong.

2. The burden of showing that evidence of guilt is strong is on the

Prosecution and unless this fact is satisfactorily shown, the
defendant is entitled to bail as a matter of right.

3. This petition/application is filed under Sec. 8, Rule 114 of the

Rules of Court, to wit:

“Section 8. Burden of proof in bail application.

— At the hearing of an application for bail
filed by a person who is in custody for the
commission of an offense punishable by death,
reclusion perpetua, or life imprisonment, the
prosecution has the burden of showing that
evidence of guilt is strong. The evidence
presented during the bail hearing shall be
considered automatically reproduced at the
trial, but upon motion of either party, the court
may recall any witness for additional
examination unless the latter is dead, outside
 the Philippines, or otherwise unable to testify.
(8a)” (italics supplied)

4. Herein, accused respectfully submit that a summary hearing

for bail be conducted.

PRAYER

WHEREFORE, upon prior notice and hearing, it respectfully

prayed that the accused be admitted to bail in such amount as this
Honorable Court may fix.

Davao City, Philippines, March 15, 2020.

(Sgd.) Everard
Respondent

Assisted by:
(Sgd.)
Atty. Aven Sina B. Caubang
Counsel for Respondent
Roll of Atty. No 718308
IBP No. 187308;
PTR No. 1806083A; 1/8/2020
MCLE No. 524162

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court
11th Judicial Region
Davao City, Branch 15

THE HONORABLE ASSISTANT CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice, Davao City
Greetings:

Please take notice that the foregoing Motion will be submitted for the
Court’s consideration and resolution on March 20, 2020 at 8:30 a.m. or as
soon thereafter as matter and counsel may be heard.

(Sgd.) Atty. Aven Sina B. Caubang

Counsel for Respondent

COPY FURNISHED:

THE BRANCH CLERK OF COURT

Regional Trial Court
11th Judicial Region
Davao City, Branch 15

THE HONORABLE ASSISTANT CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice, Davao City