Republic of The Philippines National Capital Judicial Region Regional Trial Court Quezon City Branch 106

REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
QUEZON CITY
BRANCH 106
PEOPLE OF THE PHILIPPINES,

Plaintiff,
- versus - CRIM. CASE NO. Q-12-175140
RODOLFO G. BATASLAC,
Accused.
x----------------------------------------x
PETITION TO GRANT BAIL
ACCUSED, by counsel, and unto this Honorable Court most

respectfully alleges – that:
1. Accused herein is charged for Rape in an Information dated

September 13, 2012, which alleges that:
“That on or about the 14th of November

2008, in Quezon City, Philippines, the above-
named accused, by means of force and
intimidation, did, then and there willfully,
unlawfully and feloniously usher MARIA
CHRISTINA VERBO Y CABIGAS, a minor, 15
years old, to a room and locked the door, and
boxing her twice on her stomach and removed her
jogging pants and underwear and thereafter have
carnal knowledge with said Maria Christina Verbo
y Cabigas without her consent and against her
will, to the damage and prejudice of the said
offended party.
CONTRARY TO LAW.”
2. Presently, the accused is detained at the City Jail of Quezon
City as the Information recommends no bail for the said offense;
3. Under the Constitution, bail is a matter of right if the offense

involved is not punishable by reclusion perpetua, life imprisonment or
capital punishment. However, when the subject offense is punishable by
reclusion perpetua, life imprisonment or capital punishment but the
evidence of guilt is not strong, the accused is entitled to bail.
4. Thus, based on the records of this case during the preliminary

investigation, for the sole purpose of granting the accused a provisional
liberty, the evidence of guilt is not strong.
ALL THE ELEMENTS OF THE

CRIME OF RAPE ARE NOT
PRESENT.
5. The allegations in the Information constituting the elements

pertaining to the commission of the offense of Rape are not present in the
instant case.
6. The allegation of force and intimidation against the accused is

notadmit his sexual congress with complainant. Since the accused
contends that there is no sexual congress, the force or intimidation to
speak of as it was consensual
THEN ACCUSED DENIAL OF

OCCURRENCE OF RAPE ARE
CORROBORATED BY THREE
(3) WITNESSES
In a case decided by the Supreme Couert, it held:
“Physical impossibility refers not only to the

geographical distance between the place where the
accused was and the place where the crime was
committed when the crime transpired; but more
importantly, the facility of access between the two
places.” People v. Republo, G.R. No. 172962, July
8, 2010, citing People v. Ignas, 458 Phil. 965, 993
(2003).
THERE WAS NO AGGRAVATING
CIRCUMSTANCE
From the foregoing, it is quite clear that the prosecution has no

evidence at all to prove that the evidence of guilt against herein accused is
strong. Neither is there evidence to prove his guilt beyond reasonable doubt.
Thus, the herein accused is entitled to bail. Well settled is the rule in this
jurisdiction that even if the crime imputed to the accused is punishable by
reclusion perpetua, he is still entitled to bail if the evidence of guilt is not
strong. This does not have to be established by him; it is for the prosecution
to prove the contrary, although it is not necessary at this point to prove guilt
beyond reasonable doubt. (Pareja vs. Gomez , 5 SCRA 823.)
THE ACCUSED IS NOT A

FLIGHT RISK.
The denial of this fundamental right is justified only if there is a great

probability of escape.
Even at the time of the arrest, the accused submitted himself with the police
enforcer. Thus, accused is
EVERYONE ENJOYS THE

PRESUMPTION OF
INNOCENCE.
JUSTICE AND EQUITY

DICTATES
WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that a bail, for the provisional liberty of the herein
accused pending trial, be fixed.
Other reliefs just and equitable in the premises are likewise prayed
for.
December ____, 2012
Pasig City for Quezon City, Metro-Manila.
MAGALONA LAW OFFICE

Counsel for the Accused
Unit G, 10th Floor Strata 100
Condominium Building
100 F. Ortigas, Jr. Road,
Ortigas Center, Pasig City
Metro Manila
Tel/Fax No. 4511594
Email: [email protected]
By:
HENNIE DIANNE CHRISTINE M.

MAGALONA
Roll of Attorneys No. 47546
IBP No. 885082-1/18/12-Quezon
PTR No.7040865-01/09/12-Pasig City
MCLE Compliance No. III-0013269
Issued on April 21, 2010
NOTICE
HON. BRANCH CLERK OF COURT

RTC, Branch 106
Quezon City
HON. PUBLIC PROSECUTOR

Quezon City, Metro Manila
Greetings:
Please include the foregoing Petition for Bail in the Court’s calendar
of hearing on _______________ at ______________.
JESUS ROBERTO D. BERNABE, JR.

EXPLANATION OF SERVICE
BY REGISTERED MAIL
[Pursuant to Section 1, Rule 13 of the
1997 Rules of Civil Procedure]
ACCUSED, by counsel, submit that the foregoing Petition for Bail is

being filed to this Honorable Court and served to the adverse party by
registered mail due to distance, lack of time and absence of messengerial
personnel.
JESUS ROBERTO D. BERNABE, JR.
COPY FURNISHED:
HON. PUBLIC PROSECUTOR

Quezon City, Metro Manila

Republic of The Philippines National Capital Judicial Region Regional Trial Court Quezon City Branch 106

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

PEOPLE OF THE PHILIPPINES,

- versus - CRIM. CASE NO. Q-12-175140

PETITION TO GRANT BAIL

ACCUSED, by counsel, and unto this Honorable Court most

1. Accused herein is charged for Rape in an Information dated

“That on or about the 14th of November

3. Under the Constitution, bail is a matter of right if the offense

4. Thus, based on the records of this case during the preliminary

ALL THE ELEMENTS OF THE

5. The allegations in the Information constituting the elements

6. The allegation of force and intimidation against the accused is

THEN ACCUSED DENIAL OF

In a case decided by the Supreme Couert, it held:

“Physical impossibility refers not only to the

From the foregoing, it is quite clear that the prosecution has no

THE ACCUSED IS NOT A

The denial of this fundamental right is justified only if there is a great

EVERYONE ENJOYS THE

JUSTICE AND EQUITY

WHEREFORE, premises considered, it is most respectfully prayed

MAGALONA LAW OFFICE

HENNIE DIANNE CHRISTINE M.

HON. BRANCH CLERK OF COURT

HON. PUBLIC PROSECUTOR

JESUS ROBERTO D. BERNABE, JR.

ACCUSED, by counsel, submit that the foregoing Petition for Bail is

JESUS ROBERTO D. BERNABE, JR.

HON. PUBLIC PROSECUTOR

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