Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 8
Mandaluyong City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Crim Case No. 17-347
- versus -
for
Qualified Theft punished under
Article 310 in relation to Article 308,
Revised Penal Code
MELY CRUZ,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x

APPLICATION FOR RELEASE ON RECOGNIZANCE

The undersigned accused, Mely Cruz, hereby applies for release on recognizance pursuant to
section 7, Presidential Decree No. 968, as amended, and declares:

1. That she filed an application for probation on April 24, 2017 to this Honorable Court;

2. That she is presently confined at the Mandaluyong City Jail for Qualified Theft and failed to
post the required bail bond;

3. Adam Alberto, a responsible member of the Community and a resident of 1488 Rommel
Street, Dasmarinas Village, Makati City is willing to accept the custody of the undersigned
accused and guarantee her appearance whenever told to do so by the Court or the Probation
Administration.

WHEREFORE, in view of the foregoing, defendant most respectfully prays that her cash
bail bond be released.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

April 25, 2017

City of Mandaluyong.

MELY CRUZ
Accused

CONFORME:

Adam Alberto
1488 Rommel Street, Dasmarinas Village. Makati City
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 8, MANDALUYONG CITY

Miguel Rojo,
Complainant,
Criminal Case No. 17-347

- versus - FOR:
Qualified Theft punished under
Article 310 in relation to Article 308,
Revised Penal Code

Mely Cruz
Accused.
x-------------------------------------x

MOTION FOR BAIL

THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that
the 2000 Bail Bond Guide issued by the Department of Justice on behalf of the National
Prosecution Services states that Qualified Theft involving an amount greater than Thirty Two
Thousand Pesos (Php32,000.00) recommends no bail, but said minimum amount is prejudicial to
the rights of the accused against the presumption of innocence. In support, she respectfully
submits the following:

1. Article III Sections 13 and 14 of the Bill of Rights in the 1987 Constitution provide
that:

Section 13. 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.

Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and his failure to appear is unjustifiable.

2. For these reasons, there is no basis to conclude that the accused should be denied bail
solely on the recommendations of the Prosecutor in his resolution; such must first be
determined by the Judge with his/her discretion. She is, thus, entitled to bail as a matter
of right.
 WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing,
during which the prosecution should be directed to present its evidence to show the strength of
its evidence of the accuseds guilt, and (2) thereafter, grant the accused reasonable bail.

Other just and equitable reliefs are also prayed for.

MANDALUYONG CITY; APRIL 25, 2017

_________________________
Raymundo Escobar
Counsel for Accused
40 Tokyo Street, Merville Park, Paranaque City