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Sample Petition For Bail in Blank

The accused is currently detained and charged with violations of Sections 5 and 11 of Republic Act No. 9165. Through counsel, the accused has filed a Petition for Bail arguing that 1) no bail has been recommended despite the constitutional right to bail before conviction for offenses not punishable by reclusion perpetua, 2) the evidence presented by the prosecution is not strong enough to deprive the accused of their constitutional rights to due process and equal protection under the law, and 3) the prosecution has the burden to prove that evidence of guilt is strong in order to deny bail which they have not sufficiently shown. The accused is requesting the court to allow them to post bail pending trial.

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Marie Jade Ebol Araneta
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416 views2 pages

Sample Petition For Bail in Blank

The accused is currently detained and charged with violations of Sections 5 and 11 of Republic Act No. 9165. Through counsel, the accused has filed a Petition for Bail arguing that 1) no bail has been recommended despite the constitutional right to bail before conviction for offenses not punishable by reclusion perpetua, 2) the evidence presented by the prosecution is not strong enough to deprive the accused of their constitutional rights to due process and equal protection under the law, and 3) the prosecution has the burden to prove that evidence of guilt is strong in order to deny bail which they have not sufficiently shown. The accused is requesting the court to allow them to post bail pending trial.

Uploaded by

Marie Jade Ebol Araneta
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


9TH Judicial Region
Branch __
______

THE PEOPLE OF THE PHILIPPINES, CRIM. CASE NOS.


Plaintiff,

-VERSUS- -for

Viol. Of Sec. 5 and 11


XYZ of RA 9165

Accused.
X-------------------------X

PETITION FOR BAIL
     
      Accused, through the undersigned counsel, unto this Honorable
Court, respectfully states:

1. That accused is currently detained at the Detention Center for the


charge of Sections 5 and 11 of Article II of Republic Act No. 9165 and
has been behind bars since his arrest on _____________;

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

3. Section 1, Article 3 of the 1987 Philippine Constitution provides that:

“All persons, except those charged with offenses


punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable
by sufficient sureties, or be released on recognizance
as may be provided by law. The right to bail shall
not be impaired even when the writ of habeas corpus
is suspended, excessive bail shall not be required”.

4. Further, Section 13, Article 3 of the 1987 Constitution provides that:

“No person shall be deprived of life, liberty, or


property without due process of law nor shall any
person be denied the equal protection of the laws”.

5. It is respectfully submitted that the evidence in the possession of the


prosecution in support of the above-entitled case is not strong as to
deprive the Accused of his Constitutional Right to bail;

6. That the burden of showing that evidence of guilt is strong is on the


prosecution, and since this fact is not satisfactorily shown, accused is
entitled to bail as a matter of right during the pendency of the criminal
case.

      WHEREFORE, upon prior notice and hearing, it is respectfully


prayed of this Honorable Court that accused XYZS be allowed to post
bail for his temporary liberty pending trial of the criminal charges
against him.
  
        Other just and equitable reliefs are likewise prayed for.

Respectfully submitted. ________________

NOTICE OF HEARING

The Clerk of Court


RTC Branch

Office of the City Prosecutor

G R E E T I N G S:

Please be informed that the undersigned counsel shall submit


the foregoing Petition for Bail on 04 September 2020 at 08:00 o’ clock
in the morning or as soon as counsel and matter may be heard.

Copy furnished:

Office of the City Prosecutor

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