REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 80 MALOLOS CITY

PEOPLE OF THE PHILIPPINES,

-versus- CRIM. CASE NO.

_________________________,
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x

MOTION FOR APPLICATION FOR BAIL

ACCUSED, ____________________, by and through counsel, unto

this Honorable Court most respectfully states that:

Information for Violation of ___________, against herein accused was

filed by the Office of the Provincial Prosecutor before this Honorable Court,
committed as follows:

“That on.”

Contrary to law.

In the Resolution of the Office of the Provincial Prosecutor no bail was

recommended.

As a general rule, a person “in custody shall, before final conviction, be

entitled to bail as a matter of right” (Santos vs. Judge Ofilada, 315 Phil 11[1995].
The right to bail flows from the presumption of innocence.

Art. III, section 13 of our 1987 Constitution states that “All persons except
those charged with offenses punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be liable by sufficient sureties, or be
released on recognizance as may be provided by law.”
 Clearly, all accused are entitled to post bail except only those charged
with offenses punishable by reclusion perpetua when the evidence of guilt is
strong.

Accordingly, consonant with the provision of Sec. 8, Rule 114, the burden
of showing that the evidence of guilt is strong lies with the prosecution.

It is therefore submitted that the grant of bail involving capital offenses is

a matter of discretion of this Honorable Court.

It is on this context that accused most respectfully prays that this

Honorable Court exercise its discretion in determining whether the evidence
against the accused is strong for the purposes of whether accused can post bail.

PRAYER

WHEREFORE, it is most respectfully prayed that this Motion for

Application of Bail be GRANTED and the prosecution be directed to present
evidence to show that the guilt of the accused is strong for purposes of
determining whether accused can post bail.

Other just and equitable reliefs are prayed for.