Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES ____ Judicial Region Cebu City BRANCH 15 PEOPLE OF THE PHILIPPINES, Plaintiff, -versusJUAN DE LA CRUZ Accused. X---------------------------------//
CRIMINAL CASE NO. 12345 -forPERJURY
COMES NOW, the Accused, JUAN DE LA CRUZ, by and through his undersigned attorney and pursuant to A.M. No. 12-11-2-SC, and R.A. 10389 §5,6,7, and the Rules of Court, Rule 114, §16, respectfully requests this Honorable Court to release the defendant on his own recognizance, and as grounds therefore alleges the following: 1. The Accused hereby respectfully applies for release on recognizance pursuant to the [Administrative Memorandum No. 12-11-2-SC], 12-11-2-SC], issued by the Honorable Supreme Court, providing for the following, thus, to wit: Sec.5.Releaseafterserviceofminimumimposablepenalty. – The The accu accuse sed d who who ha has s be been en de deta tain ined ed for for a pe peri riod od at leas least t eq equa ual l to the the minimum minimum ofthepenaltyfor ofthepenaltyfortheoffe theoffense nse charged charged against against him shallbe shallbe orde ordere red d rele releas ased ed, , mo motu tu propr proprio io or on mo moti tion on and after after notice notice an and d hearing,onhisownrecognizancewithoutprejudicetothecontinuation oftheproceedingsagainsthim.[Sec.16,Rule114oftheRulesofCourt andSec.5(b)ofR.A.10389]
2. The Accused has complied with all the requirements under Section 6 of Republic Act No. 10389, otherwise known as the
which mandates the competent court, upon motion, order the release of the detained person on recognizance to a qualified custodian. 3. This motion is also in line with Section 7 of Republic Act No. 10389, otherwise known as the
that the accused herein possessed none of the disqualifications covered under the Act that shall be a valid ground for the court to disqualify an accused from availing of the benefits provided herein. 4. The Accused is currently detained at the Cebu City Jail for the charge of Perjury and has been behind bars since the filing of the complaint on August 14, 2016; 5. That the Accused has failed to post the required bail bond, i.e., Php 3,000.00; 6. That the Accused is an indigent and incapacitated to post a cash bail; 7. That the Accused has been arraigned; 8. That the Accused has been detained for a period of at least 1 year and 14 days, beyond the minimum penalty imposable for the crime of Perjury; 9. That as of August 27, 2017, the criminal case for Perjury is still for the presentation of the second witness for the prosecution; 10.That the Accused is neither a recidivist, quasi-recidivist, habitual delinquent, nor has he committed a crime aggravated by the circumstance of reiteration, has not escaped from legal confinement, nor pose the risk of flight or the commission of another crime during the pendency of the case, or any disqualifications as held by law; 11.That the Accused poses no threat to this community; 12.That the Accused further assures this Honorable Court that he will appear at every stage of the proceedings mandated through the trial. WHEREFORE, from the foregoing, the Accused, respectfully prays this Honorable Court to release him on his own recognizance in this cause. Other just and equitable reliefs are likewise prayed for. Respectfully submitted. 29 August 2017 City of Cebu.
Accused
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Hand Delivery/Facsimile to the Office of the City Prosecutor, Cebu City this 29th day of August, 2017.
Acbay, Garcia, Kintanar & Associates AGK Tower, Pelaez St., Cebu City, 6000, Philippines ROLL No. 12345 IBP No. 1082290 MCLE Compliance No.: VI-0000489
Copy furnished:
City Prosecutor Cebu City
THE ASSISTANT CITY PROSECUTOR OFFICE OF THE PROSECUTOR City Hall, Cebu City, Philippines Greetings: Please take notice that the undersigned shall submit the foregoing for the consideration and approval of the Honorable Court immediately on September 05, 2017, at 8:30 a.m., or as soon thereafter as the Honorable City Prosecutor may properly be heard thereon.
Accused
