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    Motion To Post Bail Pending Appeal

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    cloudstorm-1
    The document is a "Motion to Post Bail Pending Appeal" filed on behalf of Perpetua Sancho, who was convicted of qualified theft. It argues that (1) the Philippine Constitution guarantees the right to bail before conviction, (2) court rules allow those convicted to apply for bail pending appeal, and (3) the defendant is therefore requesting the court grant bail while her appeal is pending.

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    Motion To Post Bail Pending Appeal

    Uploaded by

    cloudstorm-1
    392 views2 pages
    The document is a "Motion to Post Bail Pending Appeal" filed on behalf of Perpetua Sancho, who was convicted of qualified theft. It argues that (1) the Philippine Constitution guarantees the right to bail before conviction, (2) court rules allow those convicted to apply for bail pending appeal, and (3) the defendant is therefore requesting the court grant bail while her appeal is pending.

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    The document is a "Motion to Post Bail Pending Appeal" filed on behalf of Perpetua Sancho, who was convicted of qualified theft. It argues that (1) the Philippine Constitution guarantees the right to bail before conviction, (2) court rules allow those convicted to apply for bail pending appeal, and (3) the defendant is therefore requesting the court grant bail while her appeal is pending.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    392 views2 pages

    Motion To Post Bail Pending Appeal

    Uploaded by

    cloudstorm-1
    The document is a "Motion to Post Bail Pending Appeal" filed on behalf of Perpetua Sancho, who was convicted of qualified theft. It argues that (1) the Philippine Constitution guarantees the right to bail before conviction, (2) court rules allow those convicted to apply for bail pending appeal, and (3) the defendant is therefore requesting the court grant bail while her appeal is pending.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    REGIONAL TRIAL COURT


    Second Judicial Region
    BRANCH 1
    Tuguegarao City, Cagayan

    PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 16205


    Complainant-Appellant,

    For: QUALIFIED THEFT


    -versus-

    PERPETUA SANCHO
    Accused-Appellee

    x---------------------------------------x

    MOTION TO POST BAIL PENDING APPEAL

    Respondent ______________________ through the undersigned counsel, unto


    this Honorable Court, respectfully states:

    1. Respondent was convicted on September 20, 2019 at RTC Branch ___ for
    Qualified Theft;

    2. The 1987 Philippines Constitution guarantees to any person under legal


    custody the right to bail. Section 13, Article III thereof provides:

    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 privilege of the writ
    of habeas corpus is suspended. Excessive bail shall not be
    required.

    3. Likewise, Section 5, Paragraph 1 & 2 of Rule 114 of the Rules on Criminal


    Procedure grants the right to any person upon conviction by RTC to apply
    for bail. It states:

    Section 5. Bail, when discretionary. — Upon conviction by the


    Regional Trial Court of an offense not punishable by
    death, reclusion perpetua, or life imprisonment, admission to
    bail is discretionary. The application for bail may be filed and
    acted upon by the trial court despite the filing of a notice of
    appeal, provided it has not transmitted the original record to

    1|Motion to Post Bail Pending Appeal


    the appellate court. However, if the decision of the trial court
    convicting the accused changed the nature of the offense from
    non-bailable to bailable, the application for bail can only be
    filed with and resolved by the appellate court.

    Should the court grant the application, the accused may be


    allowed to continue on provisional liberty during the pendency
    of the appeal under the same bail subject to the consent of the
    bondsman.

    PRAYER

    WHEREFORE, premises considered, respondent-movant respectfully


    prays of the Honorable Court to:

    1. GRANT THIS MOTION AND ADMIT the bail to be posted by her for her
    temporary liberty pending appeal of the complaint against her for
    violation of Art 310 of the Revised Penal Code; and

    2. GRANT to unto her such other reliefs just and proper under the
    premises.

    Tuguegarao City, Cagayan – 20 September 2019

    Atty. Norman Clarence lasam


    Counsel of the Defendant
    IBP Roll #: 72220/January 25, 2019/Cagayan
    PTR OR#: 2486531/ January 17, 2019/Tug. City
    SC Roll of Attorneys No. 63307
    MCLE V-0011926, 12/02/2015 to 10/14/2019

    Copy furnished:

    PROSECUTOR SUSAN M. FLORES-DANAO


    Office of the Regional Prosecutor
    Tuguegarao City, Cagayan

    REQUEST
    The Clerk of Court

    2|Motion to Post Bail Pending Appeal

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