REPUBLIC OF THE PHILIPPINES

7th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch _____, Cebu City

RE: PETITION FOR BAIL OF

JASON BARILLO, SPC NO. ____________

Petitioner-Applicant.
x------------------------------------------x
EXTREMELY URGENT
PETITION FOR BAIL

PETITIONER-APPLICANT, through the undersigned counsel,

unto this Honorable Court, most humbly and respectfully states:

1. That Petitioner-Applicant 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
ours);
2. That Batas Pambansa1 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,
bepunished with a fine of not less than (two)
TWENTY thousand pesos (P2,000.00) (P20,000.00)
butnot more than (Ten) FIFTY thousand pesos
(P10,000.00) (P50,000.00), or imprisonment of at
leasttwo (2) [months] YEARS but not more than
[one (1)] FIVE (5) years, or both, in the discretion
of thecourt.” (emphasis ours)

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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 law enforcers, composing some of the members of
Police Station 5 of Cebu City, arrested Petitioner-Applicant
on August 25, 2018 for alleged violation of the above-
mentioned provision of law;

4. That the inquest proceeding has been docketed as 18H-02040

pending before the office of the good investigating
prosecutor, _______Cellona;

5. Up to this present, Petitioner-Applicant is still under

detention in violation of the provision of Article 125 2 of
Revised Penal Code;

6. That the herein Petitioner-Applicant, as a matter of right,

hereby humbly and respectfully requests to be released on
bail in consonance with Rules of Court, particularly Sec. 1 of
Rule 1143, 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 ours);

7. That herein Petitioner-Applicant has the right to bail as a

matter of right in relation to Section 4, of Rule 1144, 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
Trial Court, Municipal Trial Court in
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Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The
penalties provided in the next preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground and shall fail to deliver such person
to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses
punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or
offenses punishable by afflictive or capital penalties, or their equivalent. xx xx x
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Revised Rules of Criminal Procedure, Dec. 1, 2000, A.M. No. 00-5-03-SC.
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See note 1, supra.

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 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 and italics ours)

8. That since the corresponding penalty of imprisonment of the

above-mentioned provision of law does not fall under the
exception for “bail as a matter of right;”

9. To reiterate, Petitioner-Applicant has been under detention

since the August 25, 2018 and, in the interest of justice, the
latter asks this honorable court to grant, as a matter of right,
his extremely urgent Petition for Bail.

WHEREFORE, in view of the foregoing, Petitioner-Applicant

most respectfully prays that the he be released on bail as a matter of
right.

Other relief just and equitable are likewise prayed for.

Respectfully Submitted. Done this 30th day of August 2018 in

Cebu City, Philippines.

NIKKO JAY G. GAGNO

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

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 NOTICE w/ COPY FURNISHED

Branch Clerk of Court

MTCC Branch ___, Cebu City

Police Station 3
Legaspi Ext., San Roque, 
Cebu City

Greetings!

For being urgent, kindly set the foregoing petition for bail for
the consideration and approval of this Honorable Court immediately
upon receipt hereof

NIKKO JAY G. GAGNO