REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th JUDICIAL REGION
BRANCH 43
TANJAY CITY

PEOPLE OF THE PHILIPPINES, Criminal Case No. 2023-22C

Plaintiff, For: Rape under Art. 226-A
para 1(b) of the RPC
– versus –

JOHN CRUZ,
(San Francisco, Sta. Catalina)
Accused.
x------------------------------------------x

PETITION FOR BAIL

Accused, through the undersigned counsel, unto this Honorable

Court, respectfully states:

1. That accused is currently detained at the Negros Oriental Provincial

Jail for the charge of Rape and has been behind bars since his arrest
on December 12, 2022;

2. That no bail has been recommended for his temporary release on

the assumption that the evidence of guilt is strong;

3. That the prosecution's evidence of guilt against accused, however,

is weak as there is no direct evidence that will point to the accused
to have committed the the charges against him. The records will
show that accused was malicious implicated in the case through the
sworn statements of MARIA HAVANA and MONALISA HAVANA who
subsequently recanted their testimonies and confessed, among
others, that they were made to sign the "affidavits of witnesses"
against their will. (copies of the Affidavits of Recantation are hereto
attached as Annexes "A" and "B")

4. That there is no other physical or documentary evidence to show

that accused is guilty of the crime charged;

5. That the burden of showing that evidence of guilt is strong is on the

prosecution, and since this fact is not satisfactorily shown, accused
is entitled to bail as a matter of right during the pendency of the
criminal case.
 WHEREFORE, upon prior notice and hearing, it is respectfully prayed of
this Honorable Court that accused JOHN CRUZ be allowed to post bail for
his temporary liberty pending trial of the criminal charge against him.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

15 January 2013, City of Dumaguete.

ATTY. JOHN KENDRICK NUNN

Counsel for the Accused
 NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court,

Branch 43
Tanjay City

Greetings!

Please submit the foregoing motion to the Honorable Court on

January 20, 2023 at 9:00 in the morning for its favorable consideration and
approval.

Thank you

ATTY. JOHN KENDRICK NUNN

Counsel for the Accused

Copy furnished by personal service:

PROSECUTOR JUDE CATALAN

Office of the Provincial Prosecutor,
Dumaguete City