Note: in every motion, put the caption:

Republic of the Philippines

(regional or metropolitan )COURT
____th Judicial Region
Branch ___
Davao City

THE PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.________

Complainant, FOR: (what crime)
-versus-
NAME OF ACCUSED Accused.
X---------------------------X

MOTION TO REDUCE BAIL

UNTO THIS HONORABLE COURT, Accused, through counsel, most respectfully

aver:

 Every motion starts with the phrase of averment: it goes like this “UNTO
THIS HONORABLE COURT, Accused, through counsel, most respectfully
aver that:”
 A motion to reduce bail presupposes that posting bail is a “matter of right” or
that a petition for bail has been granted, but the thing is that the bail is too much
to handle, and the accused is still detained, so AVER the following:
 State that the accused has been detained the place of detainment and the reason
why is he detained (be brief since its already in the caption);
 State the resolution/order of fixing the bail amount;
 State why you are here (that the accused asks for a reduction of bail), and state
your suggestion (of course state the amount you prefer ) and why (usually
because it is only the amount the accused can raise);
 State a law or administrative rule that would benefit (if any) your averment;
 State the financial circumstance of the accused;
 State that “the bail recommended is tantamount to its denial. Where the
right to bail exists, it should not be rendered nugatory by requiring a sum
that is so excessive”;
 Lastly, state that “the accused will undertake to be present whenever
required by the Court.”
 Then, compose your PRAYER:

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that the
Honorable Court will allow accused to post bail in the amount of (what amount) for
his provisional liberty during the pendency of this case. Davao City, Philippines,
_____________.

By:
ATTY. ____________________________
Counsel for the accused

.i
NOTICE OF HEARING
THE CITY PROSECUTOR City Prosecution Office
________________________ ________________________ THE CLERK OF
COURT COURT BRANCH __ CITY Greetings: Please submit the foregoing
Motion for the consideration and approval of this Honorable Office
on ________________ at __________
o’clock in the morning
or as soon as this may be heard.
ATTY. ______________________
 AFFIDAVIT OF DESISTANCE
 Note: every affidavit has this caption:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA                       ) S.S.

 Every affidavit starts with a deposition phrase: State your name, that you are
of legal age, marital status, resident address, “after having duly sworn to in
accordance with law hereby depose and state that:”
 Introduce why you are here (that you are a complainant of course) and state the
case title and its docket number, and where it is lodged;
 State your deposition (a palusot: one that destroys the elements of the cause of
action, or one that creates doubt as to the identity of the defendant/accused);
 State that you are withdrawing your complaint because of your palusot;
 State whom you address your deposition and statement (the persons managing
the case of course) and state what do you want (again, that you want to
withdraw)
 Finally, attest to it: that, “ IN WITNESS WHEREOF, I hereby set my hand this
__ day of September 20__ at the City of Manila. (Signature at the end)
 Write the Jurat at the end for the convenience of the one who is authorized to
take your oath (the prosecutor himself cos this is an affidavit of desistance):
  
“SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the
City of Manila, Philippines.”
 
Romeo Abad
Public Prosecutor