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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch 147
Makati City

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Crim Case No. 12345


- versus -
for
Frustrated Murder
AKU SADO,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x

PETITION FOR BAIL

Accused, through the undersigned counsel, unto this Honorable


Court, respectfully states:

1. That accused is currently detained at the Makati City Jail for the
charge of Frustrated Murder and has been behind bars since his
arrest on August 1, 2013;

2. That no bail has been recommended for his temporary release on


the assumption that the evidence of guilt is strong;

3. That the prosecution's evidence of guilt against accused, however,


is weak as there is no direct evidence that will point to the accused
to have committed the the charges against him. The records will
show that accused was malicious implicated in the case through the
sworn statements of SINU NGALING and BULA AN who
subsequently recanted their testimonies and confessed, among
others, that they were made to sign the "affidavits of witnesses"
against their will. (copies of the Affidavits of Recantation are hereto
attached as Annexes "A" and "B")

4. That there is no other physical or documentary evidence to show


that accused is guilty of the crime charged;.

5. That the burden of showing that evidence of guilt is strong is on the


prosecution, and since this fact is not satisfactorily shown, accused
is entitled to bail as a matter of right during the pendency of the
criminal case.

WHEREFORE, upon prior notice and hearing, it is respectfully


prayed of this Honorable Court that accused AKU SADO be allowed
to post bail for his temporary liberty pending trial of the criminal
charge against him.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

15 August 2013
City of Makati.

ATTY. VX YZ

Counsel for the Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


Regional Trial Court, Branch 147
Makati City
Greetings!

Please submit the foregoing motion to the Honorable Court on


August 27, 2013 at 8:30 in the morning for its favorable
consideration and approval.

VX
YZ

Copy furnished by personal service:

PROSECUTOR WX YZ
Office of the City Prosecutor, Makati City

ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City

Application for Bail bail petition bail petition format Petition for Bail
In the Philippines, a person can only file a Petition for Bail when the applicant of the
bail himself or herself is in custody. This means that those who would like to apply
for bail must either voluntarily surrender or has been arrested already. This article
aims to let the reader know the requirements for posting a bond in court to
temporarily restore back the liberty of the accused.
When a person is arrested, he is restrained physically, jailed or imprisoned so that
he may be made to answer for the crimes or infractions he committed. If the person
wants to temporarily restore his freedom while his case is on trial, he must post bail.

Under Sec. 1, Rule 114, Rules of Court, “bail” is the security for the release of a
person under custody of the law. Hence, one must be under the custody of the law.
By the way, bail or “piyansa” in Filipino is not intended to cover the civil liability of an
accused in the criminal case. The said money “may” be applied to cover the
payment of fines or costs. Mainly however, it serves as a “security” for the release of
person under custody. Whether the application for bail is granted or denied by the
court, it has NO impact on the civil liability of the accused. The payment of civil
liability largely depends on the “final judgment”.
Who can process the papers to apply for bail?

The relative of the accused or the counsel of the accused may do so. Any person
can also process the posting of a bond. To avoid delays, please make sure that you
have the following documents or papers with you (just in case needed):

1. Authorization letter signed by the accused himself


2. Make sure to photocopy an ID of the accused; and
3. ID of the person who wants to process the papers.
The authorization letter must be something of this format:
Date

To Whom It May Concern;

I hereby authorized Mr./Ms. (name of the person tasked to process the papers) to
process my papers and transact in my behalf for the purpose of (state the purpose.
A general statement is acceptable to some establishments).

Signed,
(signature of the accused here)
Complete Name of Accused
Where to get the requirements for posting of a bond?

Normally, the requirements are given by the assigned personnel in the Office of the
Clerk of Court. So, proceed directly to the Office of the Clerk of Court and ask for a
list.

What are the requirements for posting a bond?

The following are the requirements for posting of cash bond. Make sure to comply all
of these (updated as of March 21, 2017):
1. Certified true copy of the Information
2. Barangay Certification with Seal
Purpose to indicate in the certification: For Cash Bond/Bail Bond
3. Picture of the accused: 12 pieces with name and case number
4. Certificate of Detention
5. Waiver of Appearance
6. ID and Cedula (Community Tax Certificate) of the respondent/accused
7. House sketch with Seal
Take Note:

After complying all of the above’s requirements, you may then proceed to the Office
of the Clerk of Court to submit all the necessary documents. Ready the amount of
the cash/bail bond required. The amount of the bond depends on what kind of case
the accused is charged with.

For example, in Las Pinas Regional Trial Court, the Court will require you to post a
bond of 250,000Php if the accused is indicted for violation of Section 11, Art. II of
Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs
Act of 2002. The amount of the bond also depends on the gravity of the offense the
accused is being held liable for.

In drugs cases, Section 11 of R.A. 9165 is bailable when the amount of the seized
illegal drugs is less than 5 grams. If it is more than 5 grams, it “may/might” still be
bailable but there must be a summary hearing first to determine whether the
evidence of guilt of the accused is NOT strong.
Section 5 of R.A. 9165 involves selling of illegal drugs and it requires summary
hearing as well. Long story short, no bail is recommended in selling illegal drugs
under Section 5, Article II of RA 9165 because it is a capital offense. The
counsel of the accused has to file a Petition for Bail and it shall be heard by the
court (there will be hearings scheduled for the purpose). After which, the Court will
decide on granting or denying the Petition. You can always ask your lawyer about
this.
What To Expect After All the Requirements Are Filed and Submitted
It will take time. By time, I mean days and weeks. After the submission of all the
requirements to the Office of the Clerk of Court, everything will then be forwarded to
the court where the case is raffled. (Yes, the term is raffled because all cases are
raffled to different courts to make sure no court has a dominion over a case it prefers
to handle. This is also to maintain the integrity of the courts.)

The court through its personnel will then add the case in the calendar and schedule
it for a hearing. Take note that cases are heard “usually” from Mondays to
Thursdays. Fridays are motion days. To know the schedule of the hearing, you may
call the Court itself and ask for the schedule. Otherwise, you can visit the office of
the branch clerk and ask for the schedule.

The Order

At the end of these processes on the Petition for Bail, what you will need is
the “Order” which grants the bail. If the “Order” on the Petition for Bail says the
prayer to bail/seek temporary liberty is granted, the accused or respondent is
ordered to pay an amount. When this has been complied with, the court will then
give you the “Release Order” directing the jail warden to release the accused.
The other scenario is when the Petition for Bail is denied. When it is denied, then the
accused/respondent must stay on the penal establishment during the duration of his
trial until there is a final judgment of the case releasing the accused. Trials in the
Philippines “usually” range from 3-10 or more years. It depends largely on the
volume of the case a court is handling, the judge handling the case, the counsel of
the accused and the prosecutor’s availability.

Moving Forwards
It is advisable for the bail-grantee to “always” attend on the hearings or trials. Never
be absent. Because once you are not present in the trial and you are a bail grantee,
you are a candidate of being arrested and being detained again for not attending a
hearing. So, always be updated on the hearing schedule.

I hope this article sheds light. If you have any questions, please feel free to contact
me here.
Good luck and God bless!