REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
LAS PIÑAS CITY, METRO-MANILA
BRANCH 275

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - CRIM. CASE NO. 07-0332

For: Robbery

JOMAR GOLEZ et.al.

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

MOTION TO POST BAIL

ACCUSED, JOMAR GOLEZ , thru the undersigned counsel, and

unto this Honorable Court, most respectfully move that they be allowed to
post bail for their temporary liberty and hereby alleges THAT:
1. On December 11, 2007 , herein accused was found guilty of the
crime charged and was sentenced to four (4) years and two (2)
months to eight (8) years and 20 days imprisonment ;
2. A timely Notice of Appeal was filed on December 17,2007;
3. Section 5 , Rule 114 of the Revised Rules of Court provides that:
Section 5. Bail , when discretionary – Upon conviction by the
Regional Trial Court of an offense not punishable by death ,
reclusion perpetua , or life imprisonment , admission to bail is
discretionary . The application for bail may be filed and acted
upon by the trial court despite the filling of notice of appeal ,
provided it has not transmitted the original record to the
applelate court. x x x

4. Pursuant to 3rd paragraph of Section 5 of Rule 114 of the

Revised Rules of Court , accused is not among those listed whose
one’s application for bail can be denied 1;

1
Section 5. Bail , when discretionary – x x x
If the penalty imposed by the trial court is imprisonment
exceeding six (6) years , the accused shall be denied bail , or his bail shall be
cancelled upon showing by the prosecution , with notice to the accused , of
the following or other similar circumstances:
 WHEREFORE, premises considered and in the interest of justice, it
is most respectfully prayed of this Honorable Court that accused mentioned
above be allowed to post bail for their provisional liberty.
Las Piñas City, Metro-Manila. 30 January 2008

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Las Piñas City District Office
3rd Floor, Hall of Justice
Las Piñas City, Metro Manila

BY:
ERIC P. FUENTES
Public Attorney II

NOTICE OF HEARING

Clerk of Court
RTC Branch 275

Greetings:

Please take notice that the foregoing Motion shall be heard on

February 15, 2008 at 2:00 o’clock in the afternoon for its consideration
and approval by the Honorable Court.

ATTY. ERIC P. FUENTES

CC:
Hon. Pros. Aurellio H. Castillo
Prosecutor’s Office
Las Pinas City

(a) That he is a recidivist , quasi-recidivist , or habitual

delinquent , or has committed the crime aggravated by the
circumstance of reiteration;
(b) That he has previously escaped from legal confinement ,
evaded sentence , or violated the conditions of his bail
without valid justification;
(c) That he committed the offense while under probation ,
parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of
flight if released on bail; or
(e) That there is undue risk that he may commit another crime
during the pendency of the appeal.