Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 1, Manila

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CR. CASE NO.

XV-07-INQ-16B-01304
For: “PARRICIDE”

RAMON FERNANDEZ Y SANTOS

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

PETITION FOR BAIL

ACCUSED, through the undersigned counsel, unto this

Honorable Court, move that the accused in this case be
admitted to bail, and in support thereof, respectfully states:

1. That the Accused is under custody and currently detained at

the Manila Police District Detention Unit for the alleged
commission of the offense of PARRICIDE which is punishable
by reclusion perpetua;

2. Accused, respectfully put forward that, contrary to the

allegations in the information, the evidence of his guilt is not
strong that would warrant the denial of his right to bail;

3. That the burden of showing that evidence of guilt is strong

rest upon the prosecution, and unless this fact is satisfactorily
shown, the defendant is entitled to bail as a matter of right;
4. In People vs. Hapa,1 the Honorable Supreme Court was
definite that if the evidence of guilt is not strong, bail becomes
a matter of right;

“Before conviction, every person is bailable except if

charged with a capital offense, or an offense punishable
by reclusion perpetua or life imprisonment when evidence
of guilt is strong. If the evidence of guilt is not strong, bail
becomes a matter of right.”

5. Undisputable, a person charged with a capital offense is not

absolutely denied the opportunity to obtain provisional liberty
on bail pending the judgment of his case

GROUNDS

a. That when the incident happened, the main witness,

Arthur S. Malayan did not actually saw the alleged
killing, attacking, assaulting and using of personal
violence of the accused upon the person of the victim;

b. That the testimony of Arthur is only based on belief or

personal opinion as stated in his testimony in his
judicial affidavit;

“Sa akin pong palagay ay ginulpi at inumpog ito sa

lababo.”

c. That there are no other supporting material or relevant

details in the crime report to show that the evidence of
guilt of the accused is strong as when the arresting
police officers forcibly entered the house, what was only
noticed was that the suspect is outside the room
standing near the door where the victim is found.

PRAYER

WHEREFORE, upon prior notice and hearing, it is most

respectfully prayed of this Honorable Court that accused,
RAMON FERNANDEZ Y SANTOS, be admitted to post bail for
his temporary liberty pending trial of the criminal charge

1 G.R. No. 125698. July 19, 2001.

against him in such amount as this Honorable Court may fix.

Manila City, Philippines, March 10, 2016.

BY:

ATTY. PAUL CHRISTIAN M. VIERNES

Counsel for the Defendant
2207 Leveriza St., Pasay City
Roll No. 15052
PTR No. 260211/09-13-2014/Manila
IBP No. 131505/09-15-2012/Manila
Roll No. 987654
MCLE Compliance No. V-130031
Issued on November 05, 2015
Tel. No. 426-0219
 NOTICE OF HEARING

PURIFICACION A. BARING TUVERA

Senior Assistant City Prosecutor
Office of The City Prosecutor
Manila City

JUAN P. PIPINO
Clerk of Court
Regional Trial Court
Branch 1, Manila, Philippines

MA’AM/SIR:

Greetings!

Please take notice that on March 13, 2016 at 9 o’clock in

the morning or upon the approval of the Honorable Court the
instant Petition shall be heard.

Thank you.

ATTY. PAUL CHRISTIAN M. VIERNES

Copy furnished:

HON. PUBLIC PROSECUTOR

Office of the City Prosecutor
City of Manila
(via Personal Service)

CLERK OF COURT
Regional Trial Court
Branch XX
Manila City, Philippines

ATTY. PAR L. DON

Counsel for the Plaintiff
4699 Dapitan Street, Tondo, Manila

Jason Ambata y Santos- Plaintiff

1621 Sta. Maria St., Tondo, Manila
EXPLANATION FOR SERVICE BY REGISTERED MAIL

Accused, by counsel, respectfully explains that this

Petition for Bail is served and/or filed by registered mail due to
lack of office messengers and constraints of distance.

ATTY. PAUL CHRISTIAN M. VIERNES