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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7th Judicial Region
BRANCH 87-MANDUE CITY

PEOPLE OF THE PHILIPPINES,


Plaintiff,

-versus- CRIM. CASE NO. DU-33370


For: MURDER
FELIX TAYTAYAN y PASTORPIDE
AND A CERTAIN JOHN DOE
Accused.

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MOTION TO RESOLVE THE PETITION FOR BAIL

ACCUSED, through counsel, and unto this Honorable Court, most


respectfully avers:

1. That on November 6, 2017, an Information for Murder was filed


before this Honorable Court against herein accused who thereafter
filed a Motion to Grant Bail on November 24, 2018 with the same
court;

2. That the latter motion was anchored from the perusal of the exhibits
offered by the prosecution as well as the oral testimonies of
witnesses presented in court, which made it clear that the same will
never link to any evidence that it was the accused Taytayan who shot
the victim, in fact no eyewitness was presented to establish the
Prosecution’s theory, thus failing to establish the guilt of the accused
nor establish the elements of murder making the accused entitled to
post bail;

3. That, accused Taytayan has been in detention from November 3,


2017 despite the utter weakness of the Prosecution’s case, which
runs counter to the objective of the law to put premium to the
constitutional presumption of innocence until his guilt is proven
beyond reasonable doubt;

4. That to relieve the accused from the rigors of imprisonment until his
conviction and yet secure his appearance at trial, the expedient
resolution of the Motion to Grant Bail is glaringly exigent;

5. That this motion is intended solely for the purpose alluded thereto;
PRAYER

WHEREFORE, forgoing premises considered, it is most respectfully


prayed of this Honorable Court that the instant motion be resolved in the
soonest possible time.

Further relief which is proper and equitable under the premises is


likewise prayed for.

Cebu City, Philippines, February 7, 2019.

NATHANIEL N. CLARUS
Counsel for the Accused
Room 508 SUGBUTEL BLDG.,
NORTH RECLAMATION AREA, CEBU CITY
Contact Nos.: 233-6329; 512-3085
IBP LIFETIME NO. 1058951/1-3-17
CEBU CITY
PTR NO. O.R. CEB- 177914
Issued on 1/4/19
ROLL NO. 38708
MCLE COMPLIANCE NO. 0015044
Issued on April 16, 2016

THE BRANCH CLERK OF COURT


REGIONAL TRIAL COURT
BRANCH 87, MANDAUE CITY

GREETING:
Please submit the foregoing to the Honorable Court for its
consideration and resolution immediately upon receipt hereof.

NATHANIEL N. CLARUS
HON. WILFREDO PANGANDOYON
Assistant City Prosecutor
City Prosecution Office
Mandaue City

ATTY. IRENEO HIYAS


Private Prosecutor
Rm. 3 Solon Development Building
Osmena Blvd., Cebu City

Please take notice that counsel has requested for the approval of
this motion immediately upon receipt.

NATHANIEL N. CLARUS

COPY FURNISHED:

HON. WILFREDO PANGANDOYON


Assistant City Prosecutor
City Prosecution Office
Mandaue City

ATTY. IRENEO HIYAS


Private Prosecutor
Rm. 3 Solon Development Building
Osmena Blvd., Cebu City