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Republic of the Philippines

REGIONAL TRIAL COURT
Ninth Judicial Region
Branch 14
Zamboanga City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 33313

Plaintiff,

-versus- -for-

NELSON RODA y SULIMANBE, VIOLATION OF SECTION 5,

GLENN SAAVEDRA y JALON aka ART. II OF THE
Glenn COMPREHENSIVE
Accused. DANGEROUS DRUGS ACT
R.A. 9165
X-------------------------------------------X
MOTION FOR BAIL
COMES NOW, Accused through undersigned counsel and unto
this Honorable Court most respectfully alleges that:
1. Accused most respectfully move that he be allowed to post
bail and granted provisional remedy upon the following
considerations:
2. He is the accused of the above-entitled case and that said
case has been raffled at Regional Trial Court, Branch 16 this
city;
3. However, there was no warrant of arrest issued considering
that the case was just raffled last 22 June 2017;
4. The Accused is charged in the information and no bail was
recommended for his provisional liberty;
5. It is settled that once a case is filed, the prosecution is
under the full control and supervision of the public
prosecutor. Meaning, it becomes the fight of the People of
the Philippines and as such it must ensure the appearance
of the Accused during the trial or whenever required under
the system of bail. In addition, the Accused is also entitled to
the presumption of innocence until proven otherwise. In the
light of the Constitutional right of presumption of innocence,
he should not be incarcerated unless the charge is for a
capital offense, or when the penalty is reclusion perpetua or
life imprisonment and the evidence of guilt is strong. Thus,
even if the charge is for a capital offense, but the evidence of
guilt is not strong, then the Accused should not be
incarcerated and should be allowed bail;
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6. Accordingly, even if the charge is for a capital offense, but

the evidence of guilt is not strong, the presumption of
innocence should take precedence, because the
presumption has not been destroyed by the weak evidence
of the prosecution;
7. Section 1, Article 3 of the 1987 Constitution provides that:
No person shall be deprived of life, liberty, or
property without due process of law nor shall any
person be denied the equal protection of the laws.

8. Further, Section 13, Article 3 of the 1987 Constitution

provides that:
All persons, except those charged with
offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by
law. The right to bail shall not be impaired even
when the writ of habeas corpus is suspended,
excessive bail shall not be required.
9. It is respectfully submitted that the evidence in the
possession of the prosecution in support of the above-
entitled case is not strong as to deprive the Accused of his
Constitutional Right to bail;
10. It is further submitted that the Accused is entitled to bail and
granted provisional liberty.
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable
Court, that the Accused be granted bail for his provisional liberty and
that the same be fixed at such amount as this Honorable Court may
determine.
Other reliefs as may be just and equitable under the premises
are likewise prayed for.
City of Zamboanga, Philippines, 23 June 2017.

GIAN PAOLO U. ENRIQUEZ

Counsel for Accused
ENRIQUEZ CAPIN and GAUGANO LAW OFFICES
2nd Floor, LDM Bldg., Pilar St., Zamboanga City
PTR No. 1402788-01/04/2017
IBP No. 755895-01/03/2017
Roll No. 49871-05/02/05
MCLE Compliance No. III- 0012187-04/13/10
MCLE Compliance No. IV- 0000617-05/11/10
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MCLE Compliance No. V- 0002658- 06/19/14

Emailaddress:enriquez.capin.gaugano.law@gmail.com
Telephone Number: (062) 990-1412
NOTICE OF HEARING
The Clerk of Court
RTC Branch 16
Hall of Justice, Sta. Barbara
Zamboanga City

Office of the City Prosecutor

Hall of Justice, Sta. Barbara,
Zamboanga City

G R E E T I N G S:

Please be informed that the undersigned counsel shall submit

the foregoing Urgent Petition/Motion for Bail on 23 rd April at 8:30 o
clock in the morning or as soon as counsel and matter may be heard.

GIAN PAOLO U. ENRIQUEZ

Copy furnished:

Office of the City Prosecutor

Hall of Justice, Sta. Barbara,
Zamboanga City