Petition for Bail (sample)

Republic of the Philippines

Fourth Judicial Region

 REGIONAL TRIAL COURT

Branch 37

City of Makati

PEOPLE OF THE PHILIPPINES

                                          Plaintiff,

Crim Case No. 376788

For Frustrated Murder

-versus-

RODRIGO DUTERTE

       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 Makati City Jail for the charge of Frustrated Murder and has been behind bars since his arrest on December 16, 2015;

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 charges against him. The records will show that accused was maliciously implicated in the case through the sworn statements of MANUEL ROXAS and JEJOMAR BINAY who subsequently recanted their testimonies and confessed, among others, that they were made to sign the "affidavits of witnesses" against their will.

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 RODRIGO DUTERTE 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.

21 March 2016

City of Makati.

ATTY. MICHELLE A. VALE CRUZ

Counsel for the Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT
Regional Trial Court, Branch 38
Boac, Marinduque

          Greetings!
      

Please submit the foregoing motion to the Honorable Court on March 21, 2016 at 8:30 in the morning for its favorable consideration and approval.

MICHELLE A. VALE CRUZ

                                                                                     

Copy furnished by personal service:

PROSECUTOR CRISTEL SAHAGUN

Office of the City Prosecutor, Makati

         
ATTY. OLIVIA ALFARO
Private Prosecutor
623 C. P. Garcia St., Quezon City