REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
Branch____, Cebu City

JACQUELINE BAGUIO YAP

Petitioner.
x--------------------------------------x

PETITION FOR BAIL

COMES NOW, DEFENDANT through the undersigned

counsel, unto this most Honorable Court, most humbly and
respectfully avers for the release of his person on bail, alleging as
follows:

1. That the herein defendant was arrested for an alleged

violation of Section 2(a) of Batas Pambansa 33 as amended
by Presidential Decree 1865 which states thusly:

“Sec. 2. Prohibited Acts. -The

following acts are prohibited and
penalized:

(a) Illegal trading in petroleum and/or

petroleum products xxx”(Emphasis
mine);

2. That herein the aforesaid Batas Pambansa 331 as amended by

Presidential Decree 1865, specifically Section 4, thusly states:

“Sec. 4. Penalties.- Any person who commits

any act herein prohibited shall, upon
conviction, be punished with a fine of not less
than (two) TWENTY thousand pesos
(P2,000.00) (P20,000.00) but not more than
(Ten) FIFTY thousand pesos (P10,000.00)
(P50,000.00), or imprisonment of at least two
(2) [months] YEARS but not more than [one
(1)] FIVE (5) years, or both, in the discretion
of the court.” (emphasis mine);
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AN ACT DEFINING AND PENALIZING CERTAIN PROHIBITING ACTS
INIMICAL TO THE PUBLIC INTEREST AND NATIONAL SECURITY
INVOLVING PETROLEUM AND/OR PETROLEUM PRODUCTS,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES.

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 3. That the herein defendant was arrested on August 25, 2018
by the Police for alleged violation of the abovementioned
B.P. 33 as amended;

4. That the herein defendant is under the custody of the law,

being arrested by SPO2 GALLEGO, et. al. and being
detained at Philippine National Police Station 9 of the City of
Cebu;

5. That the aforesaid SPO2 GALLEGO, et. al. has already

submitted its complaint to the City Prosecutors Office;

6. That the aforesaid complaint has been duly docket as 18H-

02008, under the Honorable Prosecutor SIMACO L.
LABATA;

7. That the herein defendant as a matter of right, hereby

humbly and respectfully requests to be released on bail as a
matter of right, in consonance with Rules of Court,
particularly Sec. 1 of Rule 1142, scilicet:

“Section 1. Bail defined. — Bail is the

security given for the release of a
person in custody of the law, furnished
by him or a bondsman, to guarantee his
appearance before any court as required
under the conditions hereinafter
specified. Bail may be given in the form
of corporate surety, property bond, cash
deposit, or recognizance.” (emphasis
mine);

8. That herein defendant has the right to bail as a matter of

right, in relation to Section 4, of Rule 1143, scilicet:

“Section 4. Bail, a matter of right;

exception. — All persons in custody shall
be admitted to bail as a matter of right,
with sufficient sureties, or released on
recognize as prescribed by law or this
Rule (a) before or after conviction by the
Metropolitan Trial Court, Municipal
2
Revised Rules of Criminal Procedure, Dec. 1, 2000, A.M. No. 00-5-03-SC.
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Supra.

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 Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial
Court, and (b) before conviction by the
Regional Trial Court of an offense not
punishable by death, reclusion
perpetua, or life imprisonment.”
(emphasis mine)

9. That since the aforesaid penalty for the aforesaid alleged

violation of BP 33 as amended neither falls under the
exception for Bail as a matter of right;

10. That the aforesaid defendant has been under the custody of
the law since the 25th of August 2018, and in the interest of
justice and fairness we ask this most honorable court to
grant, as a matter of Right, of the defendant that she be
granted bail and be released from confinement thereto.

PRAYER

WHEREFORE, in view of the foregoing, Defendant humbly

and most respectfully prays that the defendant be released on bail, as
a matter of right as well as fixing the amount thereto pending the
filing of the proper Information in Court.

Further, issue an order directing the Station Commander of

Station 9 of the Cebu City Police Station and/or any authorities
concerned, who are in ACTUAL CUSTODY of the Petitioner to
IMMEDIATELY RELEASE them upon posting of the bond fixed by
this most Honorable Court, unless she is detained for some other
legal charge or charges.

Other relief just and equitable are likewise prayed for.

Cebu City, Philippines, 30th of August in the year of our Lord

2018.

JACQUELINE BAGUIO YAP

Defendant

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 NIKKO JAY G. GAGNO
Counsel
Roll No. 70660, Admitted at Bar: 6/04/2018
IBP No. 043056, 05/28/2018, Cebu
PTR No. 205579, 06/07/2018, Cebu
Exempt from MCLE Compliance pursuant to
MCLE Governing Board Order No. 1, S. 2008

NOTICE OF HEARING

The Clerk of Court

MTCC, Cebu City

Cebu City PNP

Cebu City

Greetings!

Due to urgency, kindly set the foregoing petition for bail for the
consideration and approval of this Honorable Court immediately
upon receipt hereof, without oral argument.

Thank you.

NIKKO JAY G. GAGNO