Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 13, Cebu City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Case No.: R-CEB-20-03317 & 18-CR
-versus- For: Violation of Sections 5 & 11,
Article II of the Republic Act 9165
PHILIP MOGA PASTELERO,
Accused.
X-------------------------------------------/

MOTION TO POST BAIL

PENDING RESULT OF THE APPLICATION FOR PROBATION

Accused, PHILIP MOGA PASTELERO, by and through the

undersigned counsel and pursuant to OCA Circular No. 91-2020 1, A.M.
No. 12-11-2-SC2, and Administrative Circular No. 38-20203, respectfully
requests this Honorable Court to allow the accused to post bail for his
temporary release, and avers as follows:

1. That the accused is charged for Violation of Sections 5 & 11,

Article II of RA 9165 involving 0.05 and 0.70 grams of an illegal drugs
locally known as “shabu”, and was deprived of his liberty since his arrest
on March 24, 2020;

2. That for purposes of disposing this case, and without going

into the merits, herein accused pursuant to A.M. No. 18-03-16-SC pleaded
guilty to a lesser offense for violation of Section 12, Article II of RA 9165
which was approved by this Honorable Court, and was sentenced to serve
the term of imprisonment of not more than one (1) year and one day as
minimum to two (2) years and a fine and has not yet started serving the same ;

3. That the accused filed an Application for Probation on

October 2, 2020 before this Honorable Court since the accused has all the
qualifications and none of the disqualifications to avail of the benefits of
the Probation Law;

4. The 1987 Constitution of the Philippines provides that “All

persons, except those charged with offenses punishable by reclusion perpetua when

1
Release of Qualified Persons Deprived of Liberty
2
Guidelines for Decongesting Holding Jails By Enforcing the Rights of Accused Persons to Bail and to
Speedy Trial
3
Reduced Bail and Recognizance as Modes for Releasing Indigent Persons Deprived of Liberty During
This Period of Public Health Emergency, Pending Resolution of Their Cases
 People vs Philip Moga Pastelero
Case No.: R-CEB-20-03317 & 18-CR
Motion to Post Bail

evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties,

or be released on recognizance as may be provided by law.” 4

5. The Revised Rules of Court provides that “Upon conviction by the

Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary”. 5

6. Herein accused, before his arrest, worked as a market vendor

to support his family. He has three (3) dependent minor children who are
now under the care and custody of his wife. He is an indigent individual
and his family is not engaged in any lucrative employment. A copy of the
Certification of Indigency, issued by the Office of the Barangay Captain of
Duljo-Fatima, Cebu City and signed by Hon. Elmer Abella, to prove that
the accused is one of the indigents in their community, is hereto attached
and marked as “Annex 1”;

7. There is neither risk nor possibility of flight on the part of

herein accused. It would be advantageous for everyone if the accused be
given temporary liberty thereby allowing him to continue seeking gainful
employment and, at the same time, help decongest our jail facilities;

8. Thus, for humanitarian consideration, and in light of the

current and existing COVID-19 pandemic, we beseech the heart and
compassion of this Honorable Court to fix the amount of bail to One
Thousand Pesos (Php1,000.00) in accordance with Administrative Circular
No. 38-2020, which provides as follows:

3. For those charged with a crime punishable with the maximum period of
prision correccional or six (6) months and one (1) day to six (6) years, the
bail shall be computed by getting the medium period multiplied by
One Thousand Pesos (P1,000.00) for every year of imprisonment;

9. This motion is done in good faith and solely for the foregoing
reason.

PRAYER

WHEREFORE, in view of the foregoing, accused most respectfully

prays that he be allowed to post bail, for his temporary liberty, in the
amount that this Honorable Court finds it reasonable under the
circumstances while his application for probation is still pending.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

Cebu City, Philippines. October 3, 2020.

4
Section 13, Article III of the 1987 Philippine Constitution
5
Section 5, Rule 114 of the Rules of Court

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 People vs Philip Moga Pastelero
Case No.: R-CEB-20-03317 & 18-CR
Motion to Post Bail

By:

ATTY. DARYL ANDREW C. MONTECLAR, CPA

Counsel for the Accused
Office Add.: Unit 12, RD Bldg., (In front of PSA) Colon St., Cebu City
Contact Account: 09177931367/monteclar143@yahoo.com
Roll No. 70561
PTR No.: 1867758/December 19, 2019 - Cebu City
IBP No.: 17489214/December 11, 2019 - Cebu Chapter
MCLE Compliance No. VI – 0010810, Valid Until April 14, 2022

REQUEST

Honorable Branch Clerk of Court

Regional Trial Court
7th Judicial Region
Branch 13, Cebu City

Greetings!

Please submit the foregoing Motion for the kind consideration and
approval of the Honorable Court immediately upon receipt hereof.

Thank you.

Atty. Daryl Andrew C. Monteclar, CPA

Counsel for the Accused

Copy furnished via e-mail:

Pros. Naruzen Delfin-Lorete

Handling Prosecutor

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