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Legal Writing: Niño Jay M.

Maurin

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, MUNICIPALITY OF VALENZUELA

People of the Philippines


Plaintiff,

CRIM. CASE NO. V-27-12345


For: Violation of Section 3 of
-versus- the Republic Act No. 10883 or
also known as “New Anti-
Carnapping Act of 2016

Roberto Gomez and Diego


Gomez
Accused,
x---------------------------------x

MOTION FOR RELEASE ON RECOGNIZANCE


With Entry of Special Appearance

Accused, DIEGO GOMEZ, assisted by the PUBLIC


ATTORNEY’S OFFICE, most respectfully states that:

FACTUAL ANTECEDENTS

1. On 12 August 2018, Accused Roberto and Diego,


both surnamed as “Gomez”, were charged before the
Regional Trial Court of Valenzuela City for violation
of Section 3 of Republic Act No. 10883, also known
as “New Anti-Carnapping Act of 2016”.1

2. The accused Diego, minor, was detained at the


Valenzuela City Bureau of Jail Management and
Penology since 12 August 2018 up to this date.

3. Upon recommendation of the Department of Social


Welfare and Development Valenzuela City Office that
the accused minor committed the alleged crime
without discernment, the undersigned counsel
1
A copy of the Information is herein attached as Annex “A”.

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Legal Writing: Niño Jay M. Maurin

moves for immediate release of DIEGO GOMEZ


pursuant to Sections 6, 20 and 36 of Republic Act
No. 9344, as amended by Republic Act No. 10630,
otherwise known as “Juvenile Justice and Welfare
Act of 2006.”

GROUND SOUGHT FOR THE RELEASE OF


ACCUSED DIEGO GOMEZ

REPUBLIC ACT NO. 9344, AS AMENDED BY REPUBLIC


ACT NO. 10630, OTHERWISE KNOWN AS THE
“JUVENILE JUSTICE AND WELFARE ACT OF 2006”,
AND EXECUTIVE ORDER NO. 633 WHICH PROVIDE
FOR THE RELEASE OF DETAINED CHILDREN IN
CONFLICT WITH THE LAW.

DISCUSSION

4. Under Republic Act No. 9344, as amended by


Republic Act No. 10630, otherwise known as the
Juvenile Justice and Welfare Act of 2006”,
particularly under Section 6 thereof:

"SEC. 6. Minimum Age of Criminal Responsibility. – A


child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.

"A child is deemed to be fifteen (15) years of age on the


day of the fifteenth anniversary of his/her birthdate.

"A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
"The exemption from criminal liability herein
established does not include exemption from civil
liability, which shall be enforced in accordance with
existing laws."

5. Considering that Diego Gomez is a minor whose age


is 17 years old at the time of the commission of the
offense2 and upon recommendation of the DSWD

2
A copy of Birth Certificate is herein attached as Annex “B”.

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Legal Writing: Niño Jay M. Maurin

Valenzuela City Office, his criminal liability is


annihilated by operation of law and thus, should
immediately be released from confinement at the
Valenzuela City Bureau of Jail Management and
Penology, pursuant to the applicable provisions of
Republic Act No. 9344, as amended by Republic Act
No. 10630.

6. However, accused Diego, other than to his father, one


of the accuses in this case, has no more relatives.
Thus, he may be released either on a duly registered
non-governmental or religious organization, a
barangay official or a member of the Barangay
Council for the Protection of Children (BCPC), or a
local social welfare and development officer, or
DSWD, when appropriate and necessary, or in any
other persons or places upon the Honorable Court
finds for the best interest of the minor 3.

7. Finally, on 16 July 2007, Former President Gloria


Macapagal-Arroyo, issued Executive Order No. 6334
directing the Public Attorney’s Office to file the
necessary motion to the court for the immediate
release of children in conflict with the law who are
situated like herein accused, DIEGO GOMEZ.

8. The Public Attorney’s Office has in fact filed a similar


motion before the Supreme Court on behalf of a
minor in the case of People v. Baroy5 which was
granted in a resolution dated September 4, 2007.6

RELIEF

Wherefore, premises considered, it is most respectfully


prayed of this Honorable Court that a Resolution be issued,
ordering the Director of the Valenzuela City Bureau of Jail
Management and Penology to immediately release DIEGO
GOMEZ, either on a duly registered non-governmental or
religious organization, a barangay official or a member of the
3
Section 6 of Republic Act No. 10630.
4
A copy of Executive Order No. 633 signed by President Gloria Macapagal-Arroyo is herein attached as
Annex “C”.
5
G.R. Nos 137520-22, May 9, 2002.
6
A copy of the Supreme Court Resolution dated September 4, 2007 in the case of People v. Baroy, G.R.
Nos. 137520-22 is herein attached as Annex “D”, and the Order of Release as Annex “E”.

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Legal Writing: Niño Jay M. Maurin

Barangay Council for the Protection of Children (BCPC), or a


local social welfare and development officer, or DSWD, when
appropriate and necessary, or in any other persons or places
upon this Honorable Court finds for the best interest of the
minor, pursuant to Sections 6, 20, and 36 of Republic Act No.
9344, as amended by Republic Act No. 10630 and Executive
Order No. 633

Other just and equitable relief and remedies in the


premises are likewise prayed for.

City of Valenzuela, 03 December 2018.

ATTY. NIÑO JAY M. MAURIN


Public Attorney II
IBP No. 123456; 01/10/10 – Manila
PTR No. 1234567; 01/10/10 – Manila
Roll No. 12345; 5/05/05
Compliance No. V-00012345 12-24-2019
Public Attorney’s Office
Department of Justice
Post Office Bldg., 3rd Floor,
Justice Hall Compound
Maysan Road, Valenzuela City

NOTICE OF HEARING

BRANCH CLERK OF COURT


REGIONAL TRIAL COURT
Branch 1, Municipality of Valenzuela

GREETINGS:

Please take notice that the undersigned is submitting,


the foregoing motion for the kind consideration and approval of
this Honorable Court on December 7, 2018 at 8:00am.

ATTY. NIÑO JAY M. MAURIN

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Legal Writing: Niño Jay M. Maurin

EXPLANATION OF SERVICE

Due to lack of manpower in the office, the other parties


were furnished a copy of this Motion by PAO registered mail in
lieu of personal service.

ATTY. NIÑO JAY M. MAURIN

COPY FURNISHED:

Atty. Eljohn C. Marin


Counsel for Private Complainant
Unit 22-N, Tower 2, Avida Tower,
Felix Huertas St., Sta. Cruz, Manila City

THE SOLICITOR GENERAL


134 Amorsolo Street
Legaspi Village
1229 Makati City

Hon. Patricia Felipe


Regional Trial Court, Branch 1
Municipality of Valenzuela

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