Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch ____, Makati City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus- Criminal Case No.

For: Violation of Article 267 of

the Revised Penal Code
(Kidnapping).
JUAN DELA CRUZ,
Accused.
x----------------------------------------x

PETITION FOR BAIL

COMES NOW, ACCUSED JUAN DELA CRUZ (the “Accused”),

through counsel, and unto this Honorable Court, respectfully avers
that:

1. As per the Information dated ______________, the Accused

was charged for the crime of Violation of Article 267 of the Revised
Penal Code (Kidnapping). To date, the Accused remains in custody.
No bail was allowed or recommended for his temporary release from
custody.

2. Section 13, Article III of the 1987 Philippine Constitution

states:

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.
(emphasis ours)

3. The afore-quoted constitutional provision is further

reflected in Section 7, Rule 114 of the Revised Rules of Criminal
Procedures which provides that:

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 Capital offense or an offense punishable by
reclusion perpetua or life imprisonment, not
bailable. – No person charged with a capital
offense, or an offense punishable by reclusion
perpetua or life imprisonment, SHALL BE
ADMITTED TO BAIL WHEN EVIDENCE OF GUILT
IS STRONG, regardless of the stage of criminal
prosecution. (emphasis ours)

4. Stated differently, when the evidence of guilt of the

Accused is not strong, he may be allowed to post bail at the
discretion of the Court upon application for admission to bail.

5. In the present case under consideration, it is our humble

submission that the evidence of guilt of the herein Accused is not
strong. The burden of showing that evidence of guilt is strong is on
the prosecution, and unless this fact is satisfactorily shown, the
Accused is entitled to bail as a matter of right.

PRAYER

WHEREFORE, in the interest of substantial justice and taking

into consideration the foregoing, it is most respectfully prayed of
this Honorable Court that the instant Petition for Bail be GRANTED
and consequently, the Accused be ALLOWED TO POST BAIL, after
hearing, in such amount as may be fixed and determined by this
Honorable Court.

Other relief and remedies, just and equitable under the

premises, are likewise prayed for.

NOTICE OF HEARING/COPY FURNISHED/EXPLANATION:

HON. CLERK OF COURT

Greetings:

Please submit the foregoing Petition for Bail for the consideration
and approval of the Honorable Court on ______________ at 8:30
a.m.

Further, pursuant to Section 11 of Rule 13 of the 1997 Rules of

Civil Procedure, the foregoing Petition for Bail was served on the
parties listed below through courier services/registered mail due to
lack of sufficient messengerial services to effect personal service.

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 GARY S. BALUYOT

Copy Furnished:

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