Republic of the Philippines
2 ND
MUNICIPAL CIRCUIT TRIAL COURT
POntevedra- Panay
Pontevedra, Capiz
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Crim Case No. 2068
versus - FOR: DIRECT ASSAULT upon
Agent of person in authority
REGGIE BASAS,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x
APPLICATION FOR BAIL
Accused, through the Public Attorney’s Office by way of
special appearance, unto this Honorable Court, respectfully states
that
1. Accused was arrested and detained without a warrant of arrest
and was charged of the above mentioned case on March 9,
2017;
2. The accused tried to post bail at MCTC Pontevedra- Panay on
March 24, 2017 in the morning however, the Honorable Judge
HENRY B. AVELINO was not available and the court staff does
not know his whereabouts;
3. Since the accused is detained, the folks opted to post bail on
the same date before the Office of the Executive Judge,
Regional Trial Court pursuant to the Revised Rules of Criminal
Procedure;
4. That it was granted by HON. KRISTINE B. TIANGCO
VINCULADO, RTC BRANCH 16, Roxas City last March 24, 2017
in the absence of the Executive Judge;
5. Since the Honorable Judge HENRY B. AVELINO refused to
accept the bail bond posted by the accused before the
REGIONAL TRIAL COURT Branch- 16, Roxas City, citing that
such is invalid as it has was not in consonance of the
provisions of the law under Sec. 17 of Rule 114 of the Revised
Rules of Criminal Procedure, the accused respectfully applies
to post bail before this Honorable Court;
6. The alleged offense for which the accused is being charged
and detained is neither a capital offense nor punishable by
reclusion perpetua. Hence, he is entitled to bail as a matter of
right;
7. The Honorable Supreme Court in Francisco dela Rama vs. The
People’s Court (G.r. No. L- 982; October 2, 1946) ruled that,
“unless allowance of bail is forbidden by law in the particular
case, the illness of the prisoner, independently of the merits of
the case, is a circumstance, and the humanity of the law
makes it a consideration which should, regardless of the
charge and the stage of the proceeding, influence the court to
exercise its discretion to admit the prisoner to bail”;
8. For humanitarian considerations, the accused seeks that he be
allowed to post bail.
PRAYER
WHEREFORE, in view of the foregoing, accused, through counsel,
most respectfully prays before this Honorable Court to grant this
Application to post bail for the accused’s provisional liberty and that the
corresponding bail amount of bail be fixed.
Other just and equitable reliefs are likewise prayed for.
Respectfully submitted.
May 8, 2017. Roxas City, Philippines.
By:
PUBLIC ATTORNEY’S OFFICE
Department of Justice
Roxas City District Office
Hall of Justice, Roxas City
Counsel for the Accused
By:
AUDIE L. ADVINCULA
Public Attorney IV/ OIC
Roll No. 34167
IBP No. 101386, Jan. 3, 2017
MCLE Compliance No. V- 12586, Dec. 18, 2015
AN-JA BURIO VILLALOBOS
Public Attorney II
Roll No. 64110
IBP No. 1013593- March 1, 2016
MCLE Compliance No.: ON PROCESS
Date of Admission: April 27, 2015
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, REGGIE BASAS y CAMPOSANO, of legal age, Filipino and a
resident of Brgy. Panay, Capiz, after having been sworn into in
accordance with the law, do hereby depose and state that:
1. I am the Petitioner in the above-mentioned Petition;
2. I have caused the preparation of the aforesaid Petition;
3. I have read the same and the contents thereof are known to
me to be true and correct based on my personal knowledge;
and
4. I further testify that I have not commenced any other action or
proceeding involving the same issues in any court or quasi-
judicial-bodies; that no action or proceeding same as of this
case is pending before any court or quasi-judicial bodies based
on my personal knowledge; and that in case I learn of any case
pending involving the same parties and issues, I undertake the
responsibility to report the same to this office within five (5)
days from discovery of the same.
IN WITNESS WHEREOF, I hereunto affix my signature this May
8, 2017 at Roxas City, Philippines.
REGGIE C. BASAS
Affiant
SUBSCRIBED AND SWORN to before me, this
_______________________ at Roxas City, Philippines.
