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Motion To Post Bail

The accused is requesting bail after being detained for frustrated homicide charges. The motion argues that under Rule 114 Section 4 of the Rules of Court, all persons shall be admitted to bail before conviction for offenses not punishable by death, reclusion perpetua, or life imprisonment. As frustrated homicide is a bailable offense, the accused is requesting to be allowed to post bail and be temporarily released pending trial. A hearing is scheduled on the motion for October 28.

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Shane Edrosolano
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1K views2 pages

Motion To Post Bail

The accused is requesting bail after being detained for frustrated homicide charges. The motion argues that under Rule 114 Section 4 of the Rules of Court, all persons shall be admitted to bail before conviction for offenses not punishable by death, reclusion perpetua, or life imprisonment. As frustrated homicide is a bailable offense, the accused is requesting to be allowed to post bail and be temporarily released pending trial. A hearing is scheduled on the motion for October 28.

Uploaded by

Shane Edrosolano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

 REGIONAL TRIAL COURT
Sixth Judicial Region
Branch ___
Iloilo City

PEOPLE OF THE PHILIPPINES,


                                    Plaintiff,
                                                       
CRIM CASE NO. __________       
                - versus -                                                                                            
For:                                              
Frustrated Homicide
_______________________________,  
                                    Accused.
x - - - - - - - - - - - - - - - - - - - - -x

MOTION TO POST BAIL

ACCUSED, through the undersigned counsel, unto this Honorable Court, 


respectfully states:

1. That accused is currently detained at Iloilo City Police Station 3 for the charge
of Frustrated Homicide and has been behind bars since his arrest on
___________________;

2. That the bail for his provisional release has been fixed at

3. Rule 114, Section 4 of the Rules of Court provides:

“Sec. 4. Bail, a matter of right; exception. – All persons in


custody shall be admitted to bail as a matter of right, with
sufficient sureties, or released on recognizance as
prescribed by law or this Rule (a) before or after conviction
by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial
Court, and (b) before conviction by the Regional Trial court
of an offense not punishable by death, reclusion perpetua, or
life imprisonment.”

4. Invoking the above-said provision, the accused hereby seeks to apply for bail
on the ground that the crime of Frustrated Homicide charged against him is a
bailable offense under the Revised Rules on Criminal Procedure.

      WHEREFORE, it is most respectfully prayed of this Honorable Court that


accused 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.

          26 October 2020
          City of Iloilo.

                                                                                          ATTY. _____________________
                                                                                       Counsel for the Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


Regional Trial Court, Branch _____
Iloilo City

          Greetings!
      
Please submit the foregoing motion to the Honorable Court on October 28 ,
2020 at 8:30 in the morning for its favorable consideration and approval.

ATTY. ______________________

                                           
Copy furnished by personal service:

PROSECUTOR _________________________
Office of the City Prosecutor, Iloilo City
     
ATTY.
Private Prosecutor
Iloilo City
            

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