Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
BRANCH 1
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 16205

Complainant-Appellant,

For: QUALIFIED THEFT

-versus-

PERPETUA SANCHO
Accused-Appellee

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MOTION TO POST BAIL PENDING APPEAL

Respondent ______________________ through the undersigned counsel, unto

this Honorable Court, respectfully states:

1. Respondent was convicted on September 20, 2019 at RTC Branch ___ for
Qualified Theft;

2. The 1987 Philippines Constitution guarantees to any person under legal

custody the right to bail. Section 13, Article III thereof provides:

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 privilege of the writ
of habeas corpus is suspended. Excessive bail shall not be
required.

3. Likewise, Section 5, Paragraph 1 & 2 of Rule 114 of the Rules on Criminal

Procedure grants the right to any person upon conviction by RTC to apply
for bail. It states:

Section 5. Bail, when discretionary. — Upon conviction by the

Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to
bail is discretionary. The application for bail may be filed and
acted upon by the trial court despite the filing of a notice of
appeal, provided it has not transmitted the original record to

1|Motion to Post Bail Pending Appeal

 the appellate court. However, if the decision of the trial court
convicting the accused changed the nature of the offense from
non-bailable to bailable, the application for bail can only be
filed with and resolved by the appellate court.

Should the court grant the application, the accused may be

allowed to continue on provisional liberty during the pendency
of the appeal under the same bail subject to the consent of the
bondsman.

PRAYER

WHEREFORE, premises considered, respondent-movant respectfully

prays of the Honorable Court to:

1. GRANT THIS MOTION AND ADMIT the bail to be posted by her for her
temporary liberty pending appeal of the complaint against her for
violation of Art 310 of the Revised Penal Code; and

2. GRANT to unto her such other reliefs just and proper under the
premises.

Tuguegarao City, Cagayan – 20 September 2019

Atty. Norman Clarence lasam

Counsel of the Defendant
IBP Roll #: 72220/January 25, 2019/Cagayan
PTR OR#: 2486531/ January 17, 2019/Tug. City
SC Roll of Attorneys No. 63307
MCLE V-0011926, 12/02/2015 to 10/14/2019

Copy furnished:

PROSECUTOR SUSAN M. FLORES-DANAO

Office of the Regional Prosecutor
Tuguegarao City, Cagayan

REQUEST
The Clerk of Court

2|Motion to Post Bail Pending Appeal