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Motion To Reduce Bail Garcia

The accused is requesting that their bail be reduced from P200,000 to P42,000 based on recent Supreme Court guidelines. The accused is charged with violating Section 11 of RA 9165 for possession of 0.09 grams of methamphetamine. Under the new guidelines, bail for crimes with a penalty range of 12-20 years should be set at P3,000 per year of the median penalty. For this crime, the median penalty is 14 years 8 months, which corresponds to a reduced bail amount of P42,000. The defense is requesting the court grant this motion to reduce bail to P42,000.

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Raffy Pangilinan
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124 views2 pages

Motion To Reduce Bail Garcia

The accused is requesting that their bail be reduced from P200,000 to P42,000 based on recent Supreme Court guidelines. The accused is charged with violating Section 11 of RA 9165 for possession of 0.09 grams of methamphetamine. Under the new guidelines, bail for crimes with a penalty range of 12-20 years should be set at P3,000 per year of the median penalty. For this crime, the median penalty is 14 years 8 months, which corresponds to a reduced bail amount of P42,000. The defense is requesting the court grant this motion to reduce bail to P42,000.

Uploaded by

Raffy Pangilinan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch 282, Valenzuela City

PEOPLE OF THE PHILIPPINES

-versus- Criminal Case No. 1563-V-22


For: Violation of Sec. 11, Art. II,
JEFFER HARDY ALVAREZ GARCIA, RA 9165
Accused.
x------------------------x

MOTION TO REDUCE BAIL

The above-named accused, assisted by the Public Attorney’s Office,


unto this Honorable Court, most respectfully files this motion and states
that:

1. Pursuant to DOJ Department Circular No. 013 dated 8 March 2018,


otherwise known as the “2018 New Bail Bond Guide” the bail
recommended for violation of Sections 11 and 12, Article II of
Republic Act No. 9165 is P200,000.00. On 30 April 2020, however,
the Supreme Court issued Administrative Circular No. 38-2020 which
authorized the reduction of bail during this time of public health
emergency in order to decongest detention facilities. The said
circular provides that 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 P3,000.00 for every year of
imprisonment.

2. The imposable penalty for violation of Section 11, Article II of R.A.


9165 is imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years if the quantity of the shabu involved is less
than 4.99 grams of methamphetamine hydrochloride, among others.
Such penalty applies to the above-captioned case as the subject
matter thereof is only 0.09 gram of methamphetamine
hydrochloride.

3. The medium period of the penalty for violation Section 11, Article II
of R.A. 9165 is fourteen (14) years, eight (8) months and one (1)
day to seventeen (17) years and four (4) months. By dropping the
months and days from the equation and retaining only the years and
by multiplying the years by P3,000.00, the reduced bail for violation
of Section 11, Article II of R.A. 9165 based on Administrative
Circular No. 38-2020 will then range P42,000.00 to P51,000.00. As
the amount of P42,000.00 is more favorable to the accused since it

1
is lower, the defense prays that accused be admitted to bail by
paying a reduced amount of P42,000.00 in cash or in surety bond.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed for this


Honorable Court to grant this motion.

Other reliefs, just and equitable, are likewise prayed for.

Valenzuela City, Metro Manila, 18 October 2022.

PUBLIC ATTORNEY’S OFFICE


VALENZUELA DISTRICT OFFICE
st
1 Floor, Metropolitan Trial Court Bldg.
Justice Hall Compound, C.J. Santos St., Poblacion II,
Malinta, Valenzuela City

Through:

ATTY. RAFAEL D. PANGILINAN


Public Attorney II
Roll No. 64684
IBP OR No. 162981 dated 8/3/21 / CALMANA Chapter
MCLE Compliance No. VI - 0006876 dated 3/20/18

Copy furnished:
SACP Ana Liza C. Dogma
Office of the City Prosecutor of Valenzuela City
atty_lizadogma@yahoo.com / ocpvalenzuela.ereceiving@gmail.com

Explanation on the mode of service:


Service of the foregoing motion was made to Office of the City Prosecutor
of Valenzuela City, as well as the Honorable Court through electronic
means in accordance with OCA Circular No. 205-2022 dated 15 August
2022 (Court Operations from 16 August 2022 Until Further Orders of the
Court) which authorizes the filing of pleadings, motions and other court
submissions through electronic mail in areas under Alert Levels 1, 2 or
higher.

ATTY. RAFAEL D. PANGILINAN

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