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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


____ Judicial Region
Cebu City
BRANCH 15

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 12345


Plaintiff,
-versus- -for-

JUAN DE LA CRUZ PERJURY


Accused.
X---------------------------------//

MOTION FOR RELEASE ON OWN RECOGNIZANCE

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 GUIDELINES FOR DECONGESTING HOLDING JAILS BY
ENFORCING THE RIGHTS OF ACCUSED PERSONS TO BAIL AND TO SPEEDY
TRIAL [Administrative Memorandum No. 12-11-2-SC], issued by the
Honorable Supreme Court, providing for the following, thus, to wit:
Sec. 5. Release after service of minimum imposable penalty. The
accused who has been detained for a period at least equal to the
minimum of the penalty for the offense charged against him shall be
ordered released, motu proprio or on motion and after notice and
hearing, on his own recognizance without prejudice to the continuation
of the proceedings against him. [Sec. 16, Rule 114 of the Rules of Court
and Sec. 5(b) of R.A. 10389]
2. The Accused has complied with all the requirements under Section 6 of
Republic Act No. 10389, otherwise known as the AN ACT
INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE
RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A
CRIMINAL CASE AND FOR OTHER PURPOSES 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 AN ACT INSTITUTIONALIZING RECOGNIZANCE
AS A MODE OF GRANTING THE RELEASE OF AN INDIGENT PERSON IN
CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR OTHER
PURPOSES, 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.
JUAN DE LA CRUZ
Accused
CERTIFICATE OF SERVICE

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.

ATTY. PEDRO Q. IBARRA


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:

JULIAN P. FELIPE
City Prosecutor
Cebu City

NOTICE OF HEARING

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.

JUAN DE LA CRUZ
Accused

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