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This document is a petition filed in a regional trial court in the Philippines requesting bail for an accused person currently in custody for an alleged violation of the country's dangerous drugs law. The petition argues that (1) the accused is entitled to bail as a non-bailable offense requires the prosecution to show strong evidence of guilt, (2) the prosecution bears the burden of proving strong evidence, and (3) the defense requests a summary hearing to determine if bail is warranted. The petition is submitted to the court for consideration on July 28, 2017.
Description originale:
simple sample petition/application for bail for offenses that are non-bailable.
This document is a petition filed in a regional trial court in the Philippines requesting bail for an accused person currently in custody for an alleged violation of the country's dangerous drugs law. The petition argues that (1) the accused is entitled to bail as a non-bailable offense requires the prosecution to show strong evidence of guilt, (2) the prosecution bears the burden of proving strong evidence, and (3) the defense requests a summary hearing to determine if bail is warranted. The petition is submitted to the court for consideration on July 28, 2017.
This document is a petition filed in a regional trial court in the Philippines requesting bail for an accused person currently in custody for an alleged violation of the country's dangerous drugs law. The petition argues that (1) the accused is entitled to bail as a non-bailable offense requires the prosecution to show strong evidence of guilt, (2) the prosecution bears the burden of proving strong evidence, and (3) the defense requests a summary hearing to determine if bail is warranted. The petition is submitted to the court for consideration on July 28, 2017.
COMES NOW, , through the undersigned counsel, most respectfully
states that:
1. Accused are in custody of the law for the alleged commission of
Violation of Sec. 5, in relation to Sec. 26. Art. II of RA 9165, a non- bailable offense, thus no bail has been recommended for their temporary release, on the assumption that the evidence of guilt is strong.
2. The burden of showing that evidence of guilt is strong is on the
Prosecution and unless this fact is satisfactorily shown, the defendant is entitled to bail as a matter of right.
3. This petition/application is filed under Sec. 8, Rule 114 of the Rules
of Court, to wit:
“Section 8. Burden of proof in bail application. — At
the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearing shall be considered automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to testify. (8a)” (italics supplied)
4. Herein, accused respectfully submit that a summary hearing
for bail be conducted.
PRAYER
WHEREFORE, upon prior notice and hearing, it respectfully
prayed that the accused be admitted to bail in such amount as this Honorable Court may fix.
Iligan City (for Cagayan de Oro City), 28 July 2017.
The Branch Clerk of Court
RTC Branch 1 Iligan City
GREETINGS:
Please be notified that the foregoing Motion is submitted on 28 July 2017
for the consideration and approval of the Honorable Court. Copy Furnished:
In The Matter of William Bookheim & Sons, Inc., Bankrupt. Michael F. Waldenmaier and George Waldenmaier, JR., Globe Food Sales Co., Inc., 403 F.2d 28, 2d Cir. (1968)