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Republic of the Philippines

REGIONAL TRIAL COURT OF LANAO DEL NORTE


12th Judicial Region
Branch 1
City of Iligan

THE PEOPLE OF THE PHILIPPINES Crim. Case. No. 20104


Plaintiff,
For: Viol. of Sec. 5, in relation
-versus- to Sec. 26, Art. II of RA 9165

,
Accused.
x-------------------------------------------------x

PETITION/APPLICATION FOR BAIL

COMES NOW, , through the undersigned counsel, most respectfully


states that:

1. Accused are in custody of the law for the alleged commission of


Violation of Sec. 5, in relation to Sec. 26. Art. II of RA 9165, a non-
bailable offense, thus no bail has been recommended for their
temporary release, on the assumption that the evidence of guilt is
strong.

2. The burden of showing that evidence of guilt is strong is on the


Prosecution and unless this fact is satisfactorily shown, the
defendant is entitled to bail as a matter of right.

3. This petition/application is filed under Sec. 8, Rule 114 of the Rules


of Court, to wit:

“Section 8. Burden of proof in bail application. — At


the hearing of an application for bail filed by a person
who is in custody for the commission of an offense
punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of
showing that evidence of guilt is strong. The evidence
presented during the bail hearing shall be considered
automatically reproduced at the trial, but upon motion
of either party, the court may recall any witness for
additional examination unless the latter is dead,
outside the Philippines, or otherwise unable to testify.
(8a)” (italics supplied)

4. Herein, accused respectfully submit that a summary hearing


for bail be conducted.

PRAYER

WHEREFORE, upon prior notice and hearing, it respectfully


prayed that the accused be admitted to bail in such amount as this
Honorable Court may fix.

Iligan City (for Cagayan de Oro City), 28 July 2017.

The Branch Clerk of Court


RTC Branch 1
Iligan City

GREETINGS:

Please be notified that the foregoing Motion is submitted on 28 July 2017


for the consideration and approval of the Honorable Court.
Copy Furnished:

OFFICE OF THE CITY PROSECUTOR


Iligan City

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