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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
Branch 27
Bayombong, Nueva Vizcaya

JESUSA R. LUDAN,
Plaintiff,

CIVIL CASE NO. 7146


-versus-

CLARO R. LUDAN
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - -x

NOTICE OF TERMINATION OF COUNSEL


DE PARTES SERVICES

The undersigned plaintiff in the above-entitled case unto this


Honorable Court most respectfully manifests:

1. This criminal action for Qualified Theft defined and


penalized under Article 310 of the Revised Penal Code as amended
by Batas Pambansa Blg. 71 was instituted against all the accused on
15 August 2016, the accusatory portion of the Information reads:

That on or about July 19, 2016 at San Marcos, Alfonso


Lista, Ifugao and within the jurisdiction of this Honorable Court,
the above-name accused, within intent to gain, conspiring,
confederating and mutually helping one another, did then and
there wilfully, unlawfully and feloniously harvest, take, steal and
carry away fishes in the fishpond of one Joedy Timmungnin
Maina with a total amount of Thirty Four Thousand Three
Hundred (Php34,300.00) Pesos without the latters consent.

Contrary to law, and to the damage and prejudice of the


victim.

2. On 30 August 2016, all the accused through their former


counsel de parte, filed a motion for the determination of probable
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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cause and to hold in abeyance the issuance of a Warrant of Arrest,


etc., which was ruled upon by this Honorable Court in this wise:

xxx.

Further, this Court finds no cogent reason and justifiable


reason for this court to grant the prayer of all the accused to hold in
abeyance the issuance of warrant of arrest.

Hence, let a Warrant of Arrest be issued against all the


accused. The PNP of Alfonso Lista, Ifugao and other law
enforcement agencies are hereby directed to immediately effect the
warrant of arrest against all the accused.

Lastly, this court finds that the NO BAIL recommended by


the Office of the Provincial Prosecutor of Ifugao is proper. There
are appropriate remedies available to all the accused in this regard.

xxx.

(underscoring supplied.)

3. Eventually, all the accused except for Nona Patli were


arrested and are presently detained at the Bureau of Jail Management
and Penology, Alfonso Lista, Ifugao;

4. Atty. Ferdimar A. Garcia came into the picture as counsel


for all the accused and filed on 10 November 2016, a Petition for Bail
before this Honorable Court. Hearings ensued and the same was
resolved on 17 May 2017, the dispositive portion of which reads:

WHEREFORE, premises considered, the petition of


accused John Rommel Baclili, Orlando Tabunan, Wilfredo
Tabunan and Wilfredo Patli, for them to be allowed to post bail
is hereby denied after finding that the evidence against them at
this time is strong. Let this case be set for further proceedings.

GROUNDS
I.
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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THAT THIS HONORABLE COURT ERRED


IN FINDING THAT ALL THE ACCUSED
HEREIN ARE NOT ENTITLED TO BAIL.

II.

OCA CIRCULAR NO. 19-2014 AND


MEMORANDUM ORDER NO. 63
CLEARLY SHOW THAT IN QUALIFIED
THEFT IF THE VALUE OF PROPERTY
STOLEN IS PHP222,000.00 OR MORE,
THERE IS NO BAIL RECOMMENDED.
HOWEVER, IF IT IS LESS THAN
PHP222,000.00, THE SAME IS BAILABLE.

III.

IN THIS INSTANT CASE, THE


INFORMATION AGAINST ALL ACCUSED
ALLEGED THAT THE VALUE OF TILAPIA
FISH STOLEN IS PHP34,300.00 ONLY.
INDUBITABLY, THE CRIME CHARGED IS
A BAILABLE OFFENSE.
ARGUMENTS AND DISCUSSIONS

The 2000 Bail Bond Guide


recommending No Bail for
Qualified Theft if the value of the
property stolen is Php32,000.00 or
over has already been amended by
DOJ Department Circular No. 74
dated 6 November 2001.

5. Under the 2000 Bail Bond Guide of the Department of


Justice, Qualified Theft is not bailable if the value of the property
stolen is Php32,000.00 or over. Thus, the pertinent portion is
hereunder quoted;

QUALIFIED THEFT (Art. 310 in relation to Arts. 308


and 309
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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FELONY/OFFENSE PENALTY AMOUNT


OF BAIL
If the value of the property
stolen is P32,000.00 or over Reclusion Perpetua No Bail

6. It must be noted however that the 2000 Bail Bond Guide


was subsequently amended by Department Circular No. 74 duly
issued by the Department of Justice on 6 November 2001,[1] the
pertinent portion of which reads:

DEPARTMENT CIRCULAR NO. 74

TO : ALL PROSECUTIONS IN THE


NATIONAL PROSECUTION
SERVICE

SUBJECT : AMENDMENT TO THE 2000 BAIL


BOND GUIDE INVOLVING ESTAFA
UNDER ART. 315 2(d) AS AMENDED
BY PD 818, AND QUALIFIED THEFT

DATE : NOVEMBER 6, 2001

WHEREAS, under the 200 Bail Bond Guide, no bail is


recommended for estafa under Art. 315 2(d), RPC as amended by
PD 818, as well as for Qualified Theft when the amount of fraud or
the value of the property involved is P32,000.00 or over;

WHEREAS, such policy has already been overtaken and


rendered untenable by the new jurisprudence, particularly the
ruling in People vs. Hernando, 317 SCRA 621 (1999);

WHEREFORE, such policy has already been overtaken and


rendered untenable by the new jurisprudence, particularly the
ruling in People vs. Hernando, 317 SCRA 321 (1999);

WHEREAS, in estafa under Art. 315 2 (d), as amended by


PD 818, and Qualified Theft, the bail to be recommended shall be
governed by the following rules:

A. xxx.

1
Annex 1 hereof.
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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B. FOR QUALIFIED THEFT:

(1) xxx.

(2) xxx.

(3) Where the amount of fraud is P32,000.00 or over in


which the imposable penalty is reclusion temporal to reclusion
perpetua, bail shall be based on reclusion temporal minimum,
pursuant to Par. 2 (a) of the 2000 Bail Bond Guide, multiplied by
P2,000.00, plus an additional of P2,000.00.

xxx

(underscoring supplied)

7. Based from the aforequoted Department Circular, it


clearly shows that as early as 6 November 2001, the crime of
Qualified Theft where the value of the property stolen is
Php32,000.00 or over, in which the imposable penalty ranges from
reclusion temporal to reclusion perpetua, is already bailable. In fact,
it limited the bail by up to Php80,000.00;

Memorandum Order No. 177


issued by President Gloria
Macapagal Arroyo subsequently
amended Department Circular No.
74.

8. On 28 June 2005, President Gloria Macapagal Arroyo


issued Memorandum in Order No. 177[2] amending Department of
Justice Circular No. 74 dated 6 November 2001 by Directing the
Department of Justice to observe a bail bond guide for Qualified
Theft in this wise:

MEMORANDUM ORDER NO. 177

DIRECTING THE DEPARTMENT OF JUSTICE TO OBSERVE A


BAIL BOND GUIDE FOR QUALIFIED THEFT

2
Annex 2 hereof.
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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WHEREAS, in proper cases, the right to bail may be invoked by the


respondent or the accused;

WHEREAS, Prosecutors as officers of the court are duty bound to


assist the courts by recommending the amount of bail to be
granted;

WHEREAS, hundreds of thousands or millions of pesos are lost


because of syndicated large-scale qualified theft affecting the
semiconductors and electronic industries responsible in providing
seventy percent (70%) of the countrys exports;

WHEREAS, Article 310 in relation to Article 309 of the Revised


Penal Code imposes a penalty of reclusion perpetua for qualified
theft committed under certain circumstances;

WHEREAS, the Constitution provides that all persons, except those


charged with offenses punishable by reclusion perpetua when the
evidence of guilt is strong, shall before conviction, be bailable.

NOW, THEREFORE, I, GLORIA MACAPAGAL


ARROYO, President of the Philippines by virtue of the powers
vested in me by law do hereby order:

SECTION 1. No bail shall be recommended for the crime of


qualified theft where the aggregate value of the property stolen is
five hundred thousand (P500, 000.00) and above;

SECTION 2. The Department of Justice is hereby further directed


to constitute a committee for the modification of the 2000 Bail Bond
Guide to make the necessary revisions insofar as the amounts of
bail shall be recommended;

SECTION 3. This Memorandum hereby amends Department of


Justice Circular No. 74 dated November 6, 2001 insofar as bail bond
guide involving crimes for qualified theft;

SECTION 4. If any provision of this Memorandum Order is


declared invalid or unconstitutional, the remaining provisions not
affected thereby shall continue to be in full force and effect.

SECTION 4. This Memorandum Order shall take effect


immediately.

City of Manila, 28 June 2005.

(Sgd.) GLORIA MACAPAGAL-ARROYO


OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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By Authority of the President


(Sgd.) EDUARDO R. ERMITA
Executive Secretary

9. In the aforequoted Memorandum Order, the threshold


amount that must be the object of the crime of Qualified Theft in
order for bail not to be recommended was changed from over
Php32,000.00 to Php500,000.00 and above. Despite the amendment, it
must be noted that insofar as this instant case is concerned, the crime
of which all the accused are charged is still bailable;

Department Circular No. 29 issued


by the Department of Justice also
amended Department Circular No.
74 which was however
inconsistent to the threshold
amount of bail provided in
Memorandum Order No. 177.
Regardless of the inconsistency,
the value of the property involved
in this instant case is still
bailable under Department
Circular No. 29 and Memorandum
Order No. 177.

10. On 15 July 2005, Department of Justice Department


Circular No. 29, Series of 2005 was issued entitled Amending
Department Circular No. 74 dated 06 November 2001 involving
Qualified theft when the Value of Property Stolen is Php222,000.00
or More, provides that pursuant to the provisions of existing
laws, no bail shall be recommended for the offense of qualified
theft, whether consummated, frustrated or attempted, where the
value of the property is Php222,000.00 or more;

11. Here, Department Circular No. 29, Series of 2005 lowered


the threshold amount of the value stolen property as compared to
Memorandum Order No. 177. Despite the seeming inconsistency, as
far as this instant case is concerned , there is no effect at all since the
value of the stolen property is only Php34,300.00 as alleged in the
Information;
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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Memorandum Order No. 63 was


issued revoking Memorandum
Order No. 177 (s.2005) recognizing
the need of a streamlined and
rationalized bail regime.

12. On 6 December 2013, President Benigno S. Aquino III


issued Memorandum Order No. 63[3] revoking Memorandum Order
No. 177 (s. 2005) for the reason that it is inconsistent as to the
threshold amount that must be the object of the crime of qualified
theft in order for bail not to be recommended and this inconsistency
has resulted in confusion among stakeholders in the criminal justice
system;

13. At present and with the revocation of Memorandum


Order No. 177, the threshold amount that must be the object of the
crime of qualified theft in order for bail not to be recommended is
Php222,000.00 or more based on Department Circular No. 29;

14. The issuance of Memorandum Order No. 63 prompted


the Supreme Court through the Office of the Court Administrator to
issue OCA Circular No. 19-2014 dated 27 January 2014,[4] as shown in
the scanned copy hereunder:

3
Annex 3 hereof.
4
Annex 4 hereof.
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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15. As a guideline, it is clearly shown in OCA Circular No.


19-2014 that no bail shall be recommended for the offense of qualified
theft, whether consummated, frustrated or attempted, where the
value of the property is Php222,000.00 or more;

16. This being the case, the finding of this Honorable Court to
the effect that the accused are not entitled to bail since the value of
the property stolen is Php34,300.00 must be corrected. Indubitably,
all the accused in this case may invoke bail as a matter or right;

17. Pursuant to Memorandum Order No. 63, the amount of


bail that should be recommended in cases of qualified theft is
governed by the pertinent rules contained in the relevant issuances of
the Department of Justice which insofar as this instant case is
concerned, we refer to Department Circular No. 74 (B)(3) which we
must emphasize that it was merely amended and not totally revoked;
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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PRAYER

WHEREFORE, premises considered, it is respectfully prayed of


this Honorable Court:

(1) To MODIFY its Order dated 12 October 2016 and to SET


ASIDE its Order dated 17 May 2017;

(2) To FIX BAIL for all the accused and allow them to post
bail in accordance with law;

Such other measures of relief as are consistent with law, justice,


and equity are likewise prayed for.

Santiago City for Alfonso Lista, Ifugao, 20 November 2017.

THE LAW OFFICES OF DAMASEN & SUBIA


Unit 5, Mango Suites, Calao East, Santiago City
E-mail: lmdlawoffice@gmail.com
Mobile No.: 09178730405
Tel. No.: (078) 305-2392

By:

ATTY. LUCKY M. DAMASEN


Counsel for all the Accused
MCLE Compliance No. V-008089/06-04-15
PTR No.2050681/Santiago City/01-03-2017
IBP No. 1049534/Ilagan City, Isabela/01-03-2017
Roll No.37959/07-24-92

&

ATTY. ERIC P. SUBIA


MCLE Compliance No. V-0025210/05-26-17
PTR No.8315313/Isabela/01-24-2017
IBP Lifetime Member No. 011277
Roll No.53387
OMNIBUS MOTION
PP v. John Rommel Baclili, et al.
CRIM. CASE NO. 732-16
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NOTICE OF HEARING

The Clerk of Court


Regional Trial Court
Branch 15, Alfonso Lista, Ifugao

Office of the Provincial Prosecutor


Alfonso Lista, Ifugao

Sir/Madam;

Please submit the foregoing Omnibus Motion to this Honorable


Court immediately upon receipt hereof and set the same for hearing
on 1 December 2017 at 8:30 oclock in the morning.

Santiago City for for Alfonso Lista, Ifugao , 20 November 2017.

ATTY. ERIC P. SUBIA

Copy furnished:

Office of the Provincial Prosecutor


Department of Justice
National Prosecution Service
Alfonso Lista, Ifugao
/by personal service