Republic of the Philippines

REGIONAL TRIAL COURT

Branch ___
______ City

PEOPLE OF THE PHILIPPINES, Criminal Case No. _______

Plaintiff

- versus - For:____________________

JUAN DELA CRUZ,

Accused

PETITION FOR BAIL

COMES NOW the defendant in the above-entitled case by his undersigned attorney and respectfully states:

1. That the defendant is in custody for the alleged commission of a capital offense;

2. That no bail has been recommended for his temporary release, on the assumption that the evidence of guilt
is strong;

3. That the burden of showing that evidence if guilt is strong is on the prosecution, and unless this fact is
satisfactorily shown, the defendant may be bailed at the court’s decision.

WHERREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant be admitted to bail in
such amount as this Honorable Court may fix.

____, __________________, 20____.

Atty. Hong Hunks

Office Address
Roll of Attorneys No._____
IBP No. ________________
PTR No.________________
MCLE Compliance No.____

Atty. Johnny Bravo

Resident Public Prosecutor

Greetings! Please take notice that the undersigned is submitting the foregoing motion for the
reconsideration of the Honorable Court on (month, day, year) at 8:30 in the morning.

(Signed) Atty. Hong Hunks

Counsel for the accused

Copy furnished:

Atty. Johnny Bravo

Office Address
 Republic of the Philippines
REGIONAL TRIAL COURT
Branch ___
______ City

PEOPLE OF THE PHILIPPINES, Criminal Case No. ________

Plaintiff

- versus - For:____________________

JUAN DELA CRUZ,

Accused

MOTION TO DISMISS

COMES NOW the defendant in the above-entitled case and by the undersigned attorney respectfully moves
this Honorable Court to dismiss the plaintiff’s complaint on the following grounds:

That there is a violation of the right of the accused to a speedy trial for failure to prosecute.

ARGUMENTS

That there is a violation of the right of the accused to a speedy trial for failure to prosecute.

(Here state the reasons to support the ground)

PRAYER

WHEREFORE, in view of all the foregoing, the undersigned attorney prays that plaintiff’s case be
dismissed, with costs against the plaintiff.

____, __________________, 20____.

Atty. Hong Hunks

Office Address
Roll of Attorneys No._____
IBP No. ________________
PTR No.________________
MCLE Compliance No.____

Atty. Johnny Bravo

Resident Public Prosecutor

Greetings! Please take notice that the undersigned is submitting the foregoing motion for the
reconsideration of the Honorable Court on (month, day, year) at 8:30 in the morning.

(Signed) Atty. Hong Hunks

Counsel for the accused
Copy furnished:

Atty. Johnny Bravo

Office Addres
Republic of the Philippines
____________Trial Court
__________________
__________________

PEOPLE OF THE PHILIPPINES,

Plaintiff, Crim. Case No. __________

For : ___________________
- versus -
___________________________,
Accused,
×--------------------------------------×

APPLICATION FOR PROBATION

The undersigned, ________________________________, hereby applies for probation

under the provisions of Presidential Decree No. 968, as amended, and declares:
1. That he/she is _________ years of age, __________ and a resident of
_________________________________________________;

2. That he/she has been convicted by this Court in the above-entitled case of the
crime of ________________________ and sentenced to
________________________________________ which penalty is within the
probationable range of not more than six (6) years and one day
imprisonment in case of insolvency;

3. That the crime for which he/she was convicted of is not an offense against
the security of the State;

4. That he/she has not been previously convicted by final judgment of any
offense punished by the imprisonment of more than one (1) month and one
(1) day or a fine of more than Two Hundred (P200.00) pesos;

5. That he/she has not been on probation under the provisions Presidential
Decree No. 968, as amended; and;

6. That he/she is sincerely remorseful and penitent of this present offense and, if
granted probation, is willing to undergo supervision under such terms and
conditions that may be imposed by the Honorable Court.

______________________ _______________________
(Place) (Date)

_______________________
(Signature of Applicant)
 Republic of the Philippines
REGIONAL TRIAL COURT
Branch ___
______ City

PEOPLE OF THE PHILIPPINES, Criminal Case No. ________

Plaintiff

- versus - For:____________________

JUAN DELA CRUZ,

Accused

DEMURRER TO THE PROSECUTION’S EVIDENCE

THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer
to the Prosecution’s Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt
to overcome the presumption of innocence and shift the burden of proof:

1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of this
presumption is that it entitles the accused to not say anything in his defense and places the burden directly
on the prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength
of its evidence and not wait for the accused to offer any defense. It is only in the event that the prosecution,
after resting its case, has adduced sufficient evidence of guilt that the burden of proof shifts to the accused

2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof.

2.1 The accused is charged with violation of PD 1866; the gravamen of the offense is
unauthorized possession of a firearm. Concretely, this means that the prosecution must
prove that the accused had no legal authority to possess any firearm.

2.2 The prosecution has failed to show that the accused had no license to carry a firearm.
The proof of the negative element, the crime is not proven.

3. Absent proof of the negative element, i.e. absence of a license, the offense is not proven. The accused is
innocent; he must be acquitted.

WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and he be
ACQUITTED of the crime charged.

Quezon City; 13 April 2007.

Atty. Hong Hunks

Office Address
Roll of Attorneys No._____
IBP No. ________________
PTR No.________________
MCLE Compliance No.____
(PLUS: Request for and Notice of Hearing)

Atty. Johnny Bravo

Resident Public Prosecutor

Greetings! Please take notice that the undersigned is submitting the foregoing motion for the
reconsideration of the Honorable Court on (month, day, year) at 8:30 in the morning.

(Signed) Atty. Hong Hunks

Counsel for the accused