REPUBLIC OF THE PHILIPPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 74, MALABON CITY

PEOPLE OF THE PHILIPPINES,

Crim. Case No. 14-0284-MN

-versus- Rape, under Article 266-A of RPC

JOMARY DIZON Y ALAMO,

Accused.
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PETITION FOR BAIL

COMES NOW, accused JOMARY DIZON Y ALAMO, assisted by the

PUBLIC ATTORNEY’S OFFICE, through the undersigned counsel, and unto this
Honorable COURT, most respectfully avers that:

1. On 09 February 2014, accused was arrested for allegedly raping

one SUSAN LUTO Y MASANGKAY. He was subsequently
charged in an information, dated 10 February 2014, for Rape,
under Article 266-A of the RPC. No bail was recommended;

2. Section 13, Article III of the 1987 Philippine Constitution states:

“All persons, EXCEPT those charged with offenses
punishable by reclusion perpetua, WHEN EVIDENCE OF
GUILT IS STRONG, shall, before conviction 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 privelege of the writ of
habeas corpus is suspended. Excessive bail shall not be
required.” – emphasis ours

3. The same is echoed in Section 7, Rule 114 of the Revised Rules

of Criminal Procedures provides:
“Capital offense or an offense punishable by
reclusion perpetua or life imprisonment, not bailable. – No
person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment,
SHALL BE ADMITTED TO BAIL WHEN EVIDENCE OF GUILT
IS STRONG, regardless of the stage of criminal
prosecution.” – emphasis ours

4. STATED DIFFERENTLY, WHEN THE EVIDENCE OF GUILT OF

THE ACCUSED IS NOT STRONG, HE MAY BE ALLOWED TO
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 POST BAIL AT THE DISCRETION OF THE COURT UPON
APPLICATION FOR ADMISSION TO BAIL;

5. In the present case under consideration, it is our humble

submission that the evidence of guilt of the herein accused is
not strong.

PRAYER

WHEREFORE, in the interest of substantial justice and taking into

consideration the foregoing, it is most respectfully prayed of this Honorable
COURT that the instant petition for bail BE GRANTED, and consequently, the
accused BE ALLOWED TO POST BAIL, AFTER HEARING, in the amount to be
determined by this Honorable COURT.

Other relief and remedies, just and equitable under the premises, are
likewise prayed for.

Malabon City, 17 February 2014.

PUBLIC ATTORNEY’S OFFICE

MALABON CITY DISTRICT
Counsel for Accused
No. 160 Gov. Pascual Avenue, Barangay Tinajeros, Malabon City
Telefax No. 02-2857957

By:

ERIC C. ALAJAR
Public Attorney III
IBP OR No. 925531, 08 January 2014, CalMaNa Chapter;
PTR (Exempted);
MCLE Compliance No. IV-0005407, 03 April 2012;
MCLE Compliance No. III-0011526, 12 April 2010;
Roll of Attorney No. 47081

NOTICE

Atty. EVELYN M. LOZANO-AGUILAR

The Branch Clerk of Court
RTC-Branch 169, Malabon City

G r e e t i n g s!

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 Immediately upon receipt hereof, please submit the foregoing Petition for
Bail for the consideration and approval of the Honorable COURT.

ERIC C. ALAJAR

Copy furnished:

Assistant City Prosecutor RENNET D. EVANGELISTA

OFFICE OF THE CITY PROSECUTOR - MALABON CITY
Old Justice Compound, Sanciangco Street,
Barangay Catmon, Malabon City

EXPLANATION

A copy of this pleading is being furnished to the above-named party by

personal service.

ERIC C. ALAJAR