REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT IN CITIES 7th Judicial Region Branch 2000 , Cebu City
PEOPLE OF THE PHILIPPINES ,
Plaintiff, M CEB 99 12345 CR FOR: PERJURY –
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JUAN DE LA CRUZ
Accused. x---------------------
MOTION FOR RELEASE ON OWN RECOGNIZANCE ACCUSED, by counsel, and unto this Honorable Court, respectfully files this motion for the release on own recognizance based on the following ground: STATEMENT OF FACTS 1. That the accused was charged of Perjury under Article 183 of the Revised Penal Code, which provides as follows:
ARTICLE 183. False Testimony in Other Cases and Perjury in Solemn A ffirmation. — The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period shall be imposed upon any person who, knowingly making untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires. Any person who, in case of a solemn affirmation made in lieu of an oath, shall
commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein.; 2. That the accused was detained since the filing of the case in court on 14 August 2017; 3. That the accused was unable to post bail in the amount of three thousand pesos (₱3,000.00). 4. That the accused having been detained for a period of one (1) year has already served the minimum imposable penalty of a period of 6 months and one day. Arguments and Discussion 5. That under Sec. 5. of A.M. No. 12-11-2- SC, “the accused who has been detained for a period at least equal to the minimum of the penalty for the offense charged against him shall be ordered released, motu proprio or on motion and after notice and hearing, on his own recognizance without prejudice to the continuation of the proceedings against him. [Sec. 16, Rule 114 of the Rules of Court and Sec. 5 (b) of R.A. 10389].”
Accused is charged with Perjury under the Revised Penal Code. The maximum penal imposable for Perjury is arresto mayor in its maximum period to prisión correccional in its minimum period. A perusal of the records would readily show that having been detained for one (1) year, accused has served the minimum of the imposable penalty. Further, the accused is not meted with the penalty of death, reclusion perpetua or life imprisonment. In line with the foregoing, accused is entitled to be released on recognizance as a matter of right. The requirements under Section 6 of RA 10389 is here in satisfied
6. That the ACCUSED should be released on the basis that the pertinent requirements provided for under Section 6 of RA 10389 have been complied with, to wit:
6.1. Copies of the Sworn Declaration by the accused of his indigence, herein attached as Annex “A.” 6.2. Certification issued by the Head of the Social Welfare and Development Office of Cebu City, herein attached as Annex “B.”
6.3. Moreover, the requirement that a person in custody has been arraigned has already been complied with. This is evidenced by the fact that trial has ensued and that the prosecution is already for the presentation of its second witness; Copy of the Certificate of Arraignment is attached herein as Annex “C.” Having satisfied the necessary requirements, the accused asserts that he be released. Accused not having any disqualifications under Section 7 of RA 10389. 7. That the accused does not possess any disqualification under Section 7 of RA 10389, to wit:
Section 7. Disqualifications for Release on Recognizance. – Any of the following circumstances shall be a valid ground for the court to disqualify an accused from availing of the benefits provided herein: (a) The accused had made untruthful statements in his/her sworn affidavit prescribed under Section 5(a); (b) The accused is a recidivist, quasirecidivist, habitual delinquent, or has committed a crime aggravated by the circumstance of reiteration; (c) The accused had been found to have previously escaped from legal confinement,
evaded sentence or has violated the conditions of bail or release on recognizance without valid justification; (d) The accused had previously committed a crime while on probation, parole or under conditional pardon; (e) The personal circumstances of the accused or nature of the facts surrounding his/her case indicate the probability of flight if released on recognizance; (f) There is a great risk that the accused may commit another crime during the pendency of the case; and (g) The accused has a pending criminal case which has the same or higher penalty to the new crime he/she is being accused of. In this case, the records show that the accused does not possess any of the abovementioned disqualifications. Hence, the accused having possessed none of the qualifications, he shall accordingly be entitled to a grant of an order of release as a matter of right.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that the herein accused be released on his own recognizance pending the trial of the instant case. Other just and equitable remedies are likewise prayed for. Respectfully submitted. Cebu City, Philippines, 29 August 2017.
BATUCAN, CARREON & JORRE OFFICES Counsel for the Accused Don Mariano Cui Street, Fuente Osmeña, Cebu City
Tel. Nos. (632) 222-3333/3334 Fax No. (632) 333-5556 Email add:
[email protected] By: NATHANIEL JORRE IBP No. 2006699 – 5 Jan. 2016 - Cebu Chapter PTR No. 30175654 – 5 Jan. 2200 – Cebu Roll No. 00001 MCLE Compliance No. V – 0008290 – 4 May 2015
