Professional Documents
Culture Documents
c.
2.
No, the bail cannot be subject to negotiation because Under Rule 114 Section 9, sets forth
the following:
Amount of bail; guidelines. The judge who issued the warrant or granted the
application shall fix a reasonable amount of bail considering primarily, but not
limited to the following guidelines:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty of the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(A) Yes. Under Circular No. 95-96, is states that: Duty during weekends and
holidays All Executive Judges, whether in single sala courts or multiple sala stations
shall assign, by rotation, Metropolitan Trial Judges and Municipal Circuit Judges within
their respective territorial areas to be on duty on Saturdays from 8:00 a.m. to 1:00 p.m.
assisted by a skeletal force, also on rotation, primarily to act on petitions for bail and
other urgent matters.
On Saturday afternoons, Sundays and non-working holidays, any Judge may act on
bailable offenses conformably with the provisions of Section 7, Rule 112 of the Rules of
Court.
All Executive Judges, whether in single sala or multiple sala shall remain on duty on
Saturday mornings.
(B) No. As held in the case of Feliciano v. Pasicolan, that the purpose of bail is to
secure ones release and it would be incongruous to grant bail to one who is free. Thus,
bail is the security required and given for the release of a person who is in the custody of
law. The rationale behind this special rule on bail is that it discourages and prevents resort
to the former pernicious practice wherein the accused could just send another in his stead
to post his bail, without recognizing the jurisdiction of the court by his personal
4.
the same remains enforceable until it is executed, recalled or quashed. The ten-day period
provided in Rule 113, 4 is only a directive to the officer executing the warrant to make a
return to the court.
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 100
Caloocan 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