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Republic of The Philippines Regional Trial Court

1) The accused, Dino C. Balajo, pleaded guilty to violating Section 15, Article II of R.A. 9165 or Use of Dangerous Drugs and was sentenced to undergo mandatory 6 months rehabilitation. 2) The accused has been in detention since September 7, 2015, exceeding the 6 month rehabilitation period by over 4 years. 3) Based on jurisprudence, the accused should be considered to have served the mandatory rehabilitation period given the length of his detention. Therefore, the defense motion asks the court to consider the accused's detention as service of his sentence and order his release.

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142 views4 pages

Republic of The Philippines Regional Trial Court

1) The accused, Dino C. Balajo, pleaded guilty to violating Section 15, Article II of R.A. 9165 or Use of Dangerous Drugs and was sentenced to undergo mandatory 6 months rehabilitation. 2) The accused has been in detention since September 7, 2015, exceeding the 6 month rehabilitation period by over 4 years. 3) Based on jurisprudence, the accused should be considered to have served the mandatory rehabilitation period given the length of his detention. Therefore, the defense motion asks the court to consider the accused's detention as service of his sentence and order his release.

Uploaded by

Eugenio
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

Second Judicial Region


REGIONAL TRIAL COURT
Santiago City
Branch 35

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM. CASE No. 35-9343
-versus- For: Violation of
Section11, Article II, R.A. No.
9165
Dino C. Balajo,
Accused.
x---------------------------------x

MOTION TO RELEASE with MANIFESTATION

Comes Now, Accused, through the undersigned Public


Attorney, respectfully states:

1. On June 1, 2018, the accused was re-arraigned and pleaded


GUILTY to SECTION 15, ARTICLE II of R.A. 9165 or Use of
Dangerous Drugs;

2. The accused was sentenced to undergo mandatory 6 months


rehabilitation, as provided for under R.A. No. 9165 or the
Comprehensive Dangerous Drugs Act of 2002;

3. That in the case of People vs. Roselle Santiago, G.R. No.


191061, February 9, 2011, the court held:

1
“As for the other offense, her violation of Section 15
(Use of Illegal Drugs), it is curious that the CA still
entertained her appeal from it despite the fact that she
pleaded guilty to the charge and did not ask the trial
court to allow her to change her plea. At any rate, since
she has been under detention at the Correctional
Institute for Women since 2005 and presumably
deprived of the use of illegal substance during her
entire stay there, she should be deemed to have
served the mandatory rehabilitation period that the
RTC imposed on her.”

4. The Accused has been in detention since September 7, 2015


or for a period of 4 years and 11 months and 21 days, as
evidenced by his Certificate of Detention hereto attached as
“Annex A”;

5. In view of the foregoing, the accused has already exceeded


the 6 months period of mandatory rehabilitation;

6. Hence, with the indulgence and generosity of this Honorable


Court, the accused prays that the penalty of mandatory
rehabilitation imposed upon him be considered SERVED.

PRAYER

WHEREFORE, premises considered, Accused fervently prays


that the Honorable Court will consider the period of his
detention as service of sentence for being in detention for more
than 6 months or for a period of 4 years and 11 months and 21
days, exceeding the 6 months mandatory rehabilitation.

2
Accused, likewise, prays that he be released from detention.

Other reliefs, just and equitable under the circumstances, are


likewise prayed for.

Respectfully Submitted.

Santiago City, Philippines. August 28, 2020.

PUBLIC ATTORNEY’S OFFICE


Hall of Justice, San Andres, Santiago City

COUNSEL FOR THE DEFENDANT


By:

_________________________________
ATTY. JUNE RUDINI L. TOMAS-ROSALES
Public Attorney I
Roll No. 68918
IBP Lifetime Member No. 017519
Isabela Chapter
MCLE Compliance No. VI - 00185451

1
Valid until April 14, 2022

3
NOTICE OF HEARING

Branch Clerk of Court


RTC Branch 35

Greetings!
Please take notice that the undersigned shall submit the
foregoing motion for the Court to resolve on September 9, 2020,
8:30 o’clock in the morning.

Atty. June Rudini L. Tomas-Rosales

Copy Furnished:
Hon. Rizaldy P. Tierra
Office of the Provincial Prosecutor

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