Legal Forms

Legal Forms:

Petition for Bail

Notice of Hearing

Special Power of Attorney

(Granting authority to sell real property)

Reporters:
Samuel Pascual
Mar Louie Respicio
Justin Sagun
Legal Form: Petition for Bail
Reporter: Samuel Pascual

Bail
Bail is the security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under conditions hereinafter
specified [Sec. 1, Rule 114].

PURPOSE
1. To relieve an accused from imprisonment until his conviction and yet secure his
appearance at the trial [People v. Hon. Donato, G.R. No. 79269 (2011)];
2. To honor the presumption of innocence until his guilt is proven beyond reasonable
doubt [Sec. 14, Art. III, Constitution]; and
3. To enable him to prepare his defense without being subject to punishment prior to
conviction [Cortes v. Judge Catral, AM No. RTJ-97-1387 (1997)].

REQUIREMENT OF CUSTODY

General rule: Custody of the law is required before the court can act on an application for bail
[Miranda v. Tuliao, G.R. No. 158763 (2006)].

Exceptions: Custody is not required in cases of witnesses posting bail:

1. When bail is required to guarantee the appearance of a material witness [Sec. 14, Rule
119];
2. When bail is required to guarantee the appearance of a prosecution witness in cases
where there is substitution of the information [Sec. 14, Rule 110].

WHEN A MATTER OF RIGHT; EXCEPTIONS

Bail is a matter of right:

1. Before or after conviction, but pending appeal, by the MTC;
2. Before conviction by RTC of an offense not punishable by death, reclusion perpetua,
or life imprisonment. [Sec. 4, Rule 114].

General rule: Bail is a matter of right.

Exception: When the offense involved is a capital offense, admission to bail is discretionary, and
may only be denied when evidence of guilt is strong.

Exception to the exception: When the accused is a minor, he is entitled to bail regardless of
whether the evidence of guilt is strong.
CAPITAL OFFENSE
A capital offense is an offense which under the law existing at the time of commission and of the
application for admission to bail is punishable by death [Sec. 6, Rule 114].

The capital nature of the offense is determined by the penalty prescribed by law and not the one
actually imposed.

The capital nature of the offense is determined by the penalty prescribed by law and not the one
actually imposed.

Note: RA 9346 (An Act Prohibiting the Imposition of Death Penalty in the Philippines) enacted
on June 24, 2006 (which repealed RA 8177 and RA 7659) prohibited the imposition of the death
penalty. Under Sec. 7, RA 9346, it stated that “[c]apital offense or an offense punishable by
reclusion perpetua or life imprisonment.”

WHEN A MATTER OF DISCRETION

1. Before conviction, in offenses punishable by death, reclusion perpetua or life
imprisonment and evidence of guilt is not strong;
2. Upon conviction by the RTC, which has not become final as the accused still has the
right to appeal, of an offense not punishable by death, reclusion perpetua or life imprisonment.

It may be filed in and acted upon by the RTC despite the filing of notice of appeal,
provided that it has not transmitted the original record to the appellate court.

If the RTC decision changed nature of the offense from non-bailable to bailable, the
application for bail can be resolved only by the appellate court [Sec. 5, Rule 114].

If the conviction by the trial court is for a capital offense, the accused convicted of a capital
offense is no longer entitled to bail, and can only be released when the conviction is reversed by
the appellate court [Sec. 13, Article III, Constitution].

WHEN NOT AVAILABLE

Right to bail is also not available:
1. After a judgment of conviction has become final;

NOTE: If he applied for probation before finality, he may be allowed temporary liberty
under his bail;

2. After the accused has commenced to serve his sentence [Sec. 24, Rule 114].
3. To military personnel accused under general courts martial [Comendador v. de Villa,
G.R. No. 93177 (1991)].
If the penalty imposed by the trial court is imprisonment exceeding 6 years, the accused shall be
denied bail or his bail shall be cancelled upon showing by the prosecution, with notice to the
accused, of any of the following [Sec. 5, Rule 114]:
(1) Recidivism, quasi-recidivism, or habitual delinquency or commission of a crime aggravated
by reiteration of the accused;
(2) The accused previously escaped from legal confinement, evaded sentence or violated bail
conditions without valid justification;
(3) Commission of offense while under probation, parole or conditional pardon by the accused;
(4) Probability of flight;
(5) Undue risk that the accused may commit another crime during pendency of appeal.

Upon conviction of the RTC, the bail posted earlier as a matter of right loses its force and the
accused must file a new and separate petition for bail.

In deportation proceedings, bail is discretionary upon the Commissioner of

Immigration and Deportation [Harvey v. Defensor-Santiago, G.R. No. 82544 (1990)].

NOTE: In Enrile v. People, G.R. No. 213847 (2015), the Court ruled that an accused should be
granted bail if it is shown that: (1) the detainee will not be a flight risk or a danger to the
community; and (2) there exist special, humanitarian, and compelling circumstances.

WHERE APPLICATION FOR BAIL IS FILED

General rule: The application may be filed with the court where the case is pending.

Exceptions:
1. If the judge of the court where the case is pending is absent or unavailable, the
application may be filed with any RTC/MTC/MeTC/MCTC judge in the province, city or
municipality;
2. Where the accused is arrested in a province, city/municipality other than where the
case is pending, the application may be filed with any RTC of the said place. If no judge is
available, then with any MeTC/MTC/MCTC judge in the said place. Judge who accepted the
application shall forward it, together with the order of release and other supporting papers where
the case is pending;
3. When a person is in custody but not yet charged, he may apply with any court in the
province or city/municipality where he is held [Sec. 17, Rule 114].

NOTE: Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court where the case is pending, on trial, or
appeal.

CONTENTS OF PETITION FOR BAIL

1. Heading
2. Plaintiff
3. Accused
4. Docket number with the crime charged
5. Body
a. Name of the person filing the petition
b. Place where the accused is detained
c. Name of the office who filed an Information
d. Under what law the accused is indicted
e. Statement that the evidence presented against the accused is not strong
f. Discussion of evidence on record
g. Statement that the accused is entitled to bail
6. Prayer for the Petition of Bail
7. Statement of fixing the amount of bail by the Honorable Court
8. Place and date
9. Notice of Hearing, Proof of Service, Explanation
10. Signature of the lawyer

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
 BRANCH 27, MANILA

PEOPLE OF THE PHILIPPINES

Plaintiff,
-versus- Criminal Case No. 07-12345
For: Homicide
PEDRO E. CRUZ,
Accused.
x-----------------------------x

PETITION FOR BAIL

COMES NOW the accused in the above-titled case by his undersigned attorney and respectfully
states that:

1. The accused is presently in custody of law detained at Camp Crame, Quezon City by reason of
The Criminal Information filed before the Honorable Court of Quezon City by the Quezon City
Prosecution Office.
2. The accused is charged with the crime of Homicide under ART. 249 of the Revised Penal Code.
3. A review of the records and evidence submitted by the prosecution, will reveal that the evidence
on the part of the accused is not strong, let alone sufficient enough to establish probable cause. In
fact, not any of the evidence submitted directly points out the participation of the accused in the
crime charged. To be sure, the charged against the accused are all based on hearsay evidence.
(State and Discuss the nature of evidence on record)
4. In light of the forgoing, the accused is entitled, under the Constitution and Rules of Court, to bail.
Hence, it is respectfully moved that, after due hearing, the accused herein be allowed to post bail
for his temporary liberty.

WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the accused be
admitted to bail in such amount as this Honorable Court may fix.
City of Manila, Philippines, March 2, 2019.

NOTICE OF HEARING
PROOF OF SERVICE
EXPLANATION

ATTY. MARIA KRISTINA FABIAN-VELASCO

Attorney for the Accused
VELASCO & ASSOCIATES LAW OFFICES
2ND Floor, RCBC Plaza, Ayala Ave, Makati City
Roll no. 12312
P.T.R. No. 123492 / Makati / December 31, 2019
IBP No. 98712 / Makati / December 31, 2019
MCLE Compliance No. 456789

Legal Form: Notice of Hearing

Reporter: Mar Louie Respicio

Notice of Hearing
Notice of Hearing is a prepared legal document that invokes the parties to hear a motion.

Who May File

It can be filed by either party to a case.

CONTENTS OF NOTICE OF HEARING

1. Heading
2. Plaintiff
3. Defendant
4. Docket number with the crime charged
5. Title
6. Body
a. The date and time the case is set for hearing
b. A statement that they must attend the hearing.
c. Statement that if they cannot attend because it’s physically impossible they may
authorize a representative who is not a lawyer to appear and for this purpose they
should fill up special power of attorney.
7. Witnessed by the Courts presiding Judge.
8. Signed by the Branch Clerk of Court.
9. A note providing the contact details of the court for inquiries.
Notice of Hearing samples
- Civil Cases
- Mediation Proceedings
- Conciliation Proceedings
- Re: Failure to appear and why counterclaim should not be dismissed
- Re: Motion for execution

Mediation
- A process of resolving issues between parties wherein a third party assist them in arriving
at an agreement
Conciliation
- An alternative dispute resolution in which an expert is appointed to settle the dispute by
persuading the parties to reach agreement.
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 27, MANILA
Elaine Marie Valenzuela Borillo,
Plaintiff,

-versus- Civil case No. 07-12345

For: collection of sum of money
Kevin Sanpedro Dejuan Cruz,
Defendant.

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

NOTICE OF HEARING

YOUR CASE IS SET for hearing before the Presiding Judge of this Court on March 14, 2019 at
10 o’clock in the morning.

YOU MUST ATTEND THE HEARING, IF YOU CANNOT ATTEND BECAUSE IT IS

PHYSICALLY IMPOSSIBLE FOR YOU TO DO SO, YOU MAY AUTHORIZE A REPRESENTATIVE
WHO IS NOT A LAWYER TO APPEAR FOR YOU. FOR THIS PURPOSE YOU SHOULD FILL UP
FORM 5-SCC (SPECIAL POWER OF ATTORNEY).

WITNESS the Hon. Mario Luigi Respicio, Presiding Judge of this Court, this 27 th day of
February, 2019, at 1777 Espejo Street, Amigo Bldg. Room 178-179 Branch 27 Regional Trial Court
Manila, Philippines.

Phol kurishi Perea

Branch Clerk of Court

Note: FOR INQUIRIRES, CALL TEL. NO. 02-783-48-95

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ISABELA
CITY OF ILAGAN
BARANGAY CALAMAGUI II
 OFFICE OF THE LUPONG TAGAPAMAYAPA

NOTICE OF HEARING
(MEDIATION PROCEEDING)

TO: Mario San Juan Crux

Jenifer Peralta Morillo
Complainants

You are hereby required to appear before me on the 23 rd day of March, 2019 at 9 o’clock in the
morning for the hearing of your complaint.

This 15th day of March, 2019

(Signature)
Viliarama Santosa
Punong Barangay/Lupon Chairman

Notified this 15th day of March, 2019

Complainants

(Signature)
Mario San Juan Crux
(Signature)
Jenifer Peralta Morillo

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ISABELA
CITY OF ILAGAN
BARANGAY CALAMAGUI II
 OFFICE OF THE LUPONG TAGAPAMAYAPA

To: Mario San Juan Crux Juan Fernando Manuel

Jenifer Peralta Morillo Segondo Ferdi Manuel
Complainants Respondents

NOTICE OF HEARING
(CONCILIATION PROCEEDINGS)

You are hereby required to appear before the Pangkat on the 23 rd day of March, 2019 at 9 o’clock
in the morning for the hearing of the above-entitled case.

This 15th day of March, 2019

(Signature)
Viliarama Santosa
Pangkat Chairman

Notified this 15th day of March, 2019

Complainants Respondents

(Signature) (Signature)
Mario San Juan Crux Juan Fernando Manuel
(Signature) (Signature)
Jenifer Peralta Morillo Segondo Ferdi Manuel

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ISABELA
CITY OF ILAGAN
 BARANGAY CALAMAGUI II

OFFICE OF THE LUPONG TAGAPAMAYAPA

Mario San Juan Crux Barangay Case No.2019-999

Jenifer Peralta Morillo For : Not returning borrowed
Complainants chairs and tables

-AGAINST -

Segondo Ferdi Manuel

Juan Fernando Manuel
Respondents

NOTICE OF HEARING
(RE: FAILURE TO APPEAR AND WHY COUNTERCLAIM SHOULD NOT BE DISMISSED)

TO: Segondo Ferdi Manuel

Juan Fernando Manuel
Respondents

You are hereby required to appear before the Pangkat on the 28 TH day of March, 2019 at 9 o’clock
in the morning to explain why you failed to appear for the mediation/conciliation scheduled on the 23 rd
March, 2019 and why your counterclaim arising from the complaint should not be dismissed, a certificate
to bar the filing of said counterclaim in court/government office should not be issued, and contempt
proceedings should not be initiated in court for willful failure or refusal to appear befre the Pangakat ng
Tagapagkasundo.

This 26th day of March, 2019

(Signature)
Viliarama Santosa
Pangkat Chairman

Notified this 26th day of March, 2019

Complainants Respondents

(Signature) (Signature)
Mario San Juan Crux Juan Fernando Manuel
(Signature) (Signature)
Jenifer Peralta Morillo Segondo Ferdi Manuel

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ISABELA
CITY OF ILAGAN
 BARANGAY CALAMAGUI II

OFFICE OF THE LUPONG TAGAPAMAYAPA

Mario San Juan Crux Barangay Case No.2019-999

Jenifer Peralta Morillo For : Not returning borrowed
Complainants chairs and tables

-AGAINST -

Segondo Ferdi Manuel

Juan Fernando Manuel
Respondents

NOTICE OF HEARING
(RE: MOTION FOR EXECUTION)

TO: Mario San Juan Crux Juan Fernando Manuel

Jenifer Peralta Morillo Segondo Ferdi Manuel
Complainants Respondents

You are hereby required to appear before me on 28 TH day of March, 2019 at 9 o’clock in the
morning for the hearing of the motion for execution, why of which is attached hereto, filed by Mario San
Juan Cruz and Jenifer Peralta Morillo.

This 26th day of March, 2019

(Signature)
Viliarama Santosa
Lupon Chairman

Notified this 26th day of March, 2019

Complainants Respondents

(Signature) (Signature)
Mario San Juan Crux Juan Fernando Manuel
(Signature) (Signature)
Jenifer Peralta Morillo Segondo Ferdi Manuel
Legal Form: Special Power of Attorney
Reporter: Justin Sagun

Special power of Attorney

A special power of attorney is an instrument which allows an agent to perform certain acts of
strict dominion or ownership on behalf of the principal
PARTIES
1. Principal
- The one whom the agent represents and from whom he derives his authority
- He is the person represented

2. Agent
- One who acts for and represents another
- He is the person acting in a representative capacity

RELEVANT PROVISIONS

ART 1878: Special powers of attorney are necessary in the following cases:
(1) To make such payments as are not usually considered as acts of administration;
(2) To effect novations which put an end to obligations already in existence at the time the
agency was constituted;
(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a
judgment, to waive objections to the venue of an action or to abandon a prescription already
acquired;
(4) To waive any obligation gratuitously;
(5) To enter into any contract by which the ownership of an immovable is transmitted
or acquired either gratuitously or for a valuable consideration;
(6) To make gifts, except customary ones for charity or those made to employees in the
business managed by the agent;
(7) To loan or borrow money, unless the latter act be urgent and indispensable for the
preservation of the things which are under administration;
(8) To lease any real property to another person for more than one year;
(9) To bind the principal to render some service without compensation;
 (10) To bind the principal in a contract of partnership;
(11) To obligate the principal as a guarantor or surety;
(12) To create or convey real rights over immovable property;
(13) To accept or repudiate an inheritance;
(14) To ratify or recognize obligations contracted before the agency;
(15) Any other act of strict dominion.

And specifically with regard to an SPA to sell real property:

Article 1874. When a sale of a piece of land or any interest therein is through an agent, the
authority of the latter shall be in writing; otherwise, the sale shall be void.
Article 1403. The following contracts are unenforceable, unless they are ratified:
xxx
(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the
following cases an agreement hereafter made shall be unenforceable by action, unless the
same, or some note or memorandum, thereof, be in writing, and subscribed by the party
charged, or by his agent; evidence, therefore, of the agreement cannot be received without the
writing, or a secondary evidence of its contents:
(e) An agreement for the leasing for a longer period than one year, or for the sale of
real property or of an interest therein;
Is the participation of a notary public necessary in order to make an SPA effective?
General Rule: No. A power of attorney is valid although no notary public intervened in its
execution. (Barreto v Tuason). However, a notarized power of attorney carries the evidentiary
weight conferred upon it with respect to its due execution
XPN: When SPA is executed in a foreign country, it must be certified and authenticated
according to the Rules of Court, particularly Sec. 24, Rule 132. A special power of attorney
executed before a notary public in a foreign country without the requirements mentioned in
Section 25 (now Section 24) of the Rules of Court cannot be admitted in evidence before
Philippine courts. (Heirs of Medina v Natividad)

Sec. 24. Proof of official record. The record of public documents referred to in paragraph
(a) of Section 19, when admissible for any purpose, may be evidenced by an official
publication thereof or by a copy attested by the officer having the legal custody of the
record, or by his deputy, and accompanied, if the record is not kept in the Philippines,
 with a certificate that such officer has the custody. If the office in which the record is
kept is in a foreign country, the certificate may be made by a secretary of the
embassy or legation, consul general, consul, vice consul, or consular agent or by any
officer in the foreign service of the Philippines stationed in the foreign country in
which the record is kept, and authenticated by the seal of his office.

LIMITATIONS UPON A SPECIAL POWER OF ATTORNEY

1. A special power to sell excludes the power to mortgage

2. A special power to mortgage does not include the power to sell (Art. 1879, NCC)
3. A special power to compromise does not authorize submission to arbitration (Art. 1880,
NCC)

WHEN IS THE PRINCIPAL NOT BOUND BY THE ACT OF THE AGENT?

As a general rule, a principal is bound by the acts of his agent when the latter acts within the
scope of his authority and in the name of the principal.

XPN:

1. When the act is without or beyond the scope of his authority in the principal’s name.
XPN:
a. Where the acts of the principal have contributed to deceive a 3rd person in good faith
b. Where the limitation upon the power created by the principal could not have been
known by the 3rd person
c. Where the principal has placed in the hands of the agent instruments signed by him in
blank (Strong, et.al v Repide)
d. Where the principal has ratified the acts of the agent (ART 1901)

2. When the act is within the scope of the agent’s authority but in his own name,
 XPN:
when the transaction involves things belonging to the principal.

Note: The limits of the agent’s authority shall not be considered exceeded should it have been
performed in a manner more advantageous to the principal than that specified by him. (ART
1882)

SAMPLE SPECIAL POWER OF ATTORNEY GRANTING THE AUTHORITY TO SELL

REAL PROPERTY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, Juan Dela Cruz, Filipino, of legal age, single, with residence at 123 Baby Street,
Brgy 456, Tondo Manila, do hereby name, constitute, and appoint Pedro Dela Peña, Filipino,
of legal age, single, with residence at 456 Magulang Street, Brgy 123, Tondo, Manila, to be
my true and lawful attorney, for me and in my name, place and stead, within a period of ONE (1)
year, to SELL, TRANSFER, AND CONVEY, for a price not less than ONE MILLION PESOS
(P1,000,000.00) to whosoever may buy or purchase the following described real property, to wit:

1. Consisting of THREE HUNDRED SQUARE METERS (300 sqm) located in 789

Baby Street, Tondo, Manila

of which I am the registered owner as evidenced by Transfer Certificate of Title No. 12345 of the
Registry of Deeds of Manila.

HEREBY GIVING AND GRANTING unto my said attorney full powers and authority to do and
perform all and every act requisite or necessary to carry out the foregoing authority to sell, as
fully to all intents and purposes as I might or could lawfully do if personally present, with full
powers of substitution and revocation, and hereby ratifying and confirming all that my said
attorney or his substitute shall lawfully do or cause to be done in virtue thereof.

IN WITNESS WHEREOF I have hereunto set my hand this 10th day of March, 2019, in
Manila, Philippines

_________________
Principal

Signed in the presence of:

______________ _______________
Witness Witness
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.

BEFORE ME, this 10th day of March, 2019, in the City of Manila, personally
appeared:

NAME EVIDENCE OF PLACE OF ISSUE

IDENTITY

____________ ____________ ____________

____________ ____________ ____________
____________ ____________ ____________

known to me, the first, as the one who executed the foregoing instrument, and the second
and third, as the persons who witnessed the instrument, and acknowledged that the same
are their free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial

seal on the date and place above written

Doc. No___ Series of ____

Page No.___
Book No.___
NOTARIAL PUBLIC
Commision Serial No.
Until December 31, 2020
Roll of Attorney ________
IBP ______
PTR______