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(1) James Felix y Dela Cruz has been detained for violating Section 11, Article II of Republic Act No. 9165, which carries a bail amount of PHP 200,000. He cannot afford the full amount and requests a reduction due to financial hardship caused by the COVID-19 pandemic. (2) Administrative Circular No. 38-2020 allows for bail reduction during public health emergencies to decongest jails and prevent virus spread. For charges with penalties of 12-20 years, bail should be 3,000 PHP multiplied by the median years of imprisonment. (3) The accused requests that bail be reduced to PHP 50,000 to be paid through surety bond, and promises

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175 views4 pages

Felix, James PDF

(1) James Felix y Dela Cruz has been detained for violating Section 11, Article II of Republic Act No. 9165, which carries a bail amount of PHP 200,000. He cannot afford the full amount and requests a reduction due to financial hardship caused by the COVID-19 pandemic. (2) Administrative Circular No. 38-2020 allows for bail reduction during public health emergencies to decongest jails and prevent virus spread. For charges with penalties of 12-20 years, bail should be 3,000 PHP multiplied by the median years of imprisonment. (3) The accused requests that bail be reduced to PHP 50,000 to be paid through surety bond, and promises

Uploaded by

Johny Adviento
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
MALABON CITY
BRANCH 74

PEOPLE OF THE PHILIPPINES,


CRIMINAL CASE NO. 20-309-MAL
-versus- For: Violation of Section 11, Article II,
Republic Act No. 9165
JAMES FELIX y DELA CRUZ,
Accused.
x----------------------------------------------x

URGENT MOTION
(For Reduction of Bail)

ACCUSED, assisted by the Public Attorney’s Office, by and thru the undersigned
counsel, most respectfully avers:

1. Accused is currently detained for the above-cited offense which carries a bail
amount of Php 200,000.00;

2. The above-captioned case is set for hearing on May 29, 2020 at 2:00 in the
afternoon for the arraignment of the accused;

3. Accused intends to apply for bail however, as a member of indigent families


in their community, he cannot afford to pay for the full amount of bail and will only
ask assistance from his family and relatives.

4. In addition, during this Covid-19 Pandemic, his family fell into a dire financial
situation that prevented them from raising the full amount of bail for his provisional
liberty. Attached herewith is a photograph of the Certificate of Indigency of accused
as ANNEX “1”;

5. The request for reduction of bail is supported by Administrative Circular No.


38-2020 issued by the Supreme Court of the Philippines on April 30, 2020, which
allows the reduction of bail during public health emergency, when there is a serious
need to decongest the overcrowded jails and prison facilities to prevent the spread
of Covid19;

6. Administrative Circular No. 38-2020 states:

“In view of the foregoing, and upon consultation with the Members
of the Court, considering the urgent need to further decongest our
detention facilities, especially during this time of public health
emergency, to promote social and restorative justice, bail and
recognizance for indigent Persons Deprived of Liberty (PDLs)
shall be granted as follows, pending the continuation of the criminal
proceedings and resolution of cases against them:

1. For those charged with a crime punishable with the maximum


period of reclusion temporal or twelve (12) years and one (1) day
to twenty (20) years, the bail shall be computed by getting the
medium period multiplied by Three Thousand Pesos (P3,000.00)
for every year of imprisonment;” (emphasis supplied)
7. Section 11, Article II of Republic Act No. 9165 carries the penalty of twelve
(12) years and one (1) day to twenty (20) years which is within the scope of the
administrative circular;

8. Accused humbly begs for the mercy and kind indulgence of the Honorable
Court for the reduction of bail to Fifty Thousand Pesos (Php50,000.00) to be paid
through surety bond;

9. The accused undertakes to appear for trial whenever required by the


Honorable Court and to present a valid and lawfuldefense;

10. The Motion is not intended to delay much less defy the lawful orders of the
Honorable Court but merely filed for the aforestated reasons.

PRAYER

WHEREFORE, premises considered, it is humbly prayed of this Honorable Court that


the motion be GRANTED, ordering the reduction of bail from Php 200,000.00 to Php
50,000.00.

Malabon City, May 27, 2020

PUBLIC ATTORNEY’S OFFICE


MALABON CITY DISTRICT
Counsel for Accused-Movant
No. 160 Gov. W. Pascual Avenue
Tinajeros, Malabon

By:

(SGD)
ATTY. DIVINE GRACE C. TEE
Public Attorney II
Roll No. 63252
IBP Lifetime Member No. 014119/ CALMANA
Official Receipt No. 1017702/ January 05, 2016
MCLE Compliance No. VI-0006873 / March 20, 2018

COPY FURNISHED and NOTICE OF HEARING

HON. GILBERT CRUZ


Assistant City Prosecutor
OFFICE OF THE CITY PROSECUTOR
Malabon City

CLERK OF COURT

GREETINGS:

Please take notice that the foregoing Motion shall be submitted for the
consideration and approval of the Honorable Court on May 29, 2020, 2:00 in the
afternoon or as soon as counsel and matter may be heard.

(SGD)
DIVINE GRACE C. TEE
EXPLANATION

The undersigned counsel has furnished the public prosecutor and the Honorable
Court of the foregoing motion through electronic mail, and not by personal delivery
or private courier due to the Enhanced Community Quarantine imposed by the
President of the Philippines.

(SGD)
DIVINE GRACE C. TEE
ANNEX “1”

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