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    Republic of The Philippines National Capital Judicial Region Regional Trial Court Las Piñas City, Metro-Manila Branch 275

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    Stephanie Viola
    The accused, Jomar Golez, was found guilty of robbery and sentenced to 4 years and 2 months to 8 years and 20 days in prison. A notice of appeal was filed. The accused's counsel has filed a motion to the court requesting that the accused be allowed to post bail while the appeal is pending. The motion cites section 5 of Rule 114 of the Rules of Court, which makes bail discretionary for offenses not punishable by death, life imprisonment, or reclusion perpetua. The motion argues that the accused does not meet the criteria to be denied bail under the rule. A hearing on the motion is scheduled for February 15.

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    Republic of The Philippines National Capital Judicial Region Regional Trial Court Las Piñas City, Metro-Manila Branch 275

    Uploaded by

    Stephanie Viola
    56 views3 pages
    The accused, Jomar Golez, was found guilty of robbery and sentenced to 4 years and 2 months to 8 years and 20 days in prison. A notice of appeal was filed. The accused's counsel has filed a motion to the court requesting that the accused be allowed to post bail while the appeal is pending. The motion cites section 5 of Rule 114 of the Rules of Court, which makes bail discretionary for offenses not punishable by death, life imprisonment, or reclusion perpetua. The motion argues that the accused does not meet the criteria to be denied bail under the rule. A hearing on the motion is scheduled for February 15.

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    Motion to Post Bail

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    The accused, Jomar Golez, was found guilty of robbery and sentenced to 4 years and 2 months to 8 years and 20 days in prison. A notice of appeal was filed. The accused's counsel has filed a motion to the court requesting that the accused be allowed to post bail while the appeal is pending. The motion cites section 5 of Rule 114 of the Rules of Court, which makes bail discretionary for offenses not punishable by death, life imprisonment, or reclusion perpetua. The motion argues that the accused does not meet the criteria to be denied bail under the rule. A hearing on the motion is scheduled for February 15.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    56 views3 pages

    Republic of The Philippines National Capital Judicial Region Regional Trial Court Las Piñas City, Metro-Manila Branch 275

    Uploaded by

    Stephanie Viola
    The accused, Jomar Golez, was found guilty of robbery and sentenced to 4 years and 2 months to 8 years and 20 days in prison. A notice of appeal was filed. The accused's counsel has filed a motion to the court requesting that the accused be allowed to post bail while the appeal is pending. The motion cites section 5 of Rule 114 of the Rules of Court, which makes bail discretionary for offenses not punishable by death, life imprisonment, or reclusion perpetua. The motion argues that the accused does not meet the criteria to be denied bail under the rule. A hearing on the motion is scheduled for February 15.

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    REPUBLIC OF THE PHILIPPINES

    NATIONAL CAPITAL JUDICIAL REGION


    REGIONAL TRIAL COURT
    LAS PIÑAS CITY, METRO-MANILA
    BRANCH 275

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,

    - versus - CRIM. CASE NO. 07-0332


    For: Robbery

    JOMAR GOLEZ et.al.


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

    MOTION TO POST BAIL

    ACCUSED, JOMAR GOLEZ , thru the undersigned counsel, and


    unto this Honorable Court, most respectfully move that they be allowed to
    post bail for their temporary liberty and hereby alleges THAT:
    1. On December 11, 2007 , herein accused was found guilty of the
    crime charged and was sentenced to four (4) years and two (2)
    months to eight (8) years and 20 days imprisonment ;
    2. A timely Notice of Appeal was filed on December 17,2007;
    3. Section 5 , Rule 114 of the Revised Rules of Court provides that:
    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 filling of notice of appeal ,
    provided it has not transmitted the original record to the
    applelate court. x x x

    4. Pursuant to 3rd paragraph of Section 5 of Rule 114 of the


    Revised Rules of Court , accused is not among those listed whose
    one’s application for bail can be denied 1;

    1
    Section 5. Bail , when discretionary – x x x
    If the penalty imposed by the trial court is imprisonment
    exceeding six (6) years , the accused shall be denied bail , or his bail shall be
    cancelled upon showing by the prosecution , with notice to the accused , of
    the following or other similar circumstances:
    WHEREFORE, premises considered and in the interest of justice, it
    is most respectfully prayed of this Honorable Court that accused mentioned
    above be allowed to post bail for their provisional liberty.
    Las Piñas City, Metro-Manila. 30 January 2008

    DEPARTMENT OF JUSTICE
    PUBLIC ATTORNEY’S OFFICE
    Las Piñas City District Office
    3rd Floor, Hall of Justice
    Las Piñas City, Metro Manila

    BY:
    ERIC P. FUENTES
    Public Attorney II

    NOTICE OF HEARING

    Clerk of Court
    RTC Branch 275

    Greetings:

    Please take notice that the foregoing Motion shall be heard on


    February 15, 2008 at 2:00 o’clock in the afternoon for its consideration
    and approval by the Honorable Court.

    ATTY. ERIC P. FUENTES

    CC:
    Hon. Pros. Aurellio H. Castillo
    Prosecutor’s Office
    Las Pinas City

    (a) That he is a recidivist , quasi-recidivist , or habitual


    delinquent , or has committed the crime aggravated by the
    circumstance of reiteration;
    (b) That he has previously escaped from legal confinement ,
    evaded sentence , or violated the conditions of his bail
    without valid justification;
    (c) That he committed the offense while under probation ,
    parole, or conditional pardon;
    (d) That the circumstances of his case indicate the probability of
    flight if released on bail; or
    (e) That there is undue risk that he may commit another crime
    during the pendency of the appeal.

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