Republic of the Philippines
Region VII
REGIONAL TRIAL COURT
Branch 200
Kanturatoy, Cebu
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 031922
For: Murder
- versus -
JUAN KUSGAN,
Accused.
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PETITION FOR BAIL
COMES NOW, Juan Kusgan (the “Accused”), through the undersigned
counsel, and unto this Honorable Court, respectfully states that:
1. Accused was arrested and is currently detained at the Kanturatoy Jail for the
crime of Murder punishable by reclusion temporal in its maximum period to
death under Article 248 of the Revised Penal Code and has been behind bars
since his arrest on January 21, 2022;
2. No bail has been recommended in the information;
3. Section 13, Article III of the 1987 Philippine Constitution 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.”
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4. Section 7 of Rule 114 of the Rules of Court as well provides:
“Section 7. Capital offense of 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 the
criminal prosecution.”
5. Based on the foregoing, the law clearly shows that bail is a matter of right
before final conviction if the offense charged is punishable by death, reclusion
perpetua or life imprisonment when evidence of guilt is not strong; (emphasis
ours)
6. In the case of DeLa Rama v. People’s Court G.R. L-982 (October 2, 1946)
wherein it was held that "in order to act accordingly in deciding his petition for
bail; and considering further that the said People's Court has adopted and
applied the well-established doctrine cited in our above-quoted resolution, in
several cases, among them, the cases against Pio Duran (case No. 3324) and
Benigno Aquino (case No. 3527), in which the said defendants were released
on bail on the ground that they were ill and their continued confinement in New
Bilibid Prison would be injurious to their health or endanger their life;”
(emphasis ours)
7. Invoking the above-said provision and jurisprudence, the Accused hereby
seeks to apply for bail on the grounds of failing health and that the crime of
Murder charged against him is bailable under the Revised Rules Rules of Court
on Criminal Prosecution.
8. The accused is suffering from Chronic kidney disease (CKD) - Stage 4
(severe case) this means that his kidneys are damaged and can't filter blood the
way they should. This can also cause other health problems if medications and
other treatments such as dialysis are not given consistently. Accused has a
failing health, thus it is submitted that his admission to bail cannot be refused.
9. It is submitted that the evidence of the prosecution in support of the charge
against herein accused is not strong as to deny her constitutional and statutory
right to bail. As there is no direct and sufficient evidence that will point the
accused to have committed the charges against him;
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10. There is no other physical or documentary evidence to show that accused is
guilty of the crime charged;
11. Unless the prosecution proves that the evidence of guilt against the accused
is strong, he is entitled to the right to bail enshrined and guaranteed by our
statutes and Constitution.
12. Furthermore, the circumstances of the accused or his case indicate no
probability of flight if released on bail.
PRAYER
WHEREFORE, upon prior notice and hearing, it is respectfully prayed
of this Honorable Court that accused Juan Kusgan be allowed to post bail for his
temporary liberty pending trial of the criminal charge against him.
Other just and equitable reliefs are likewise prayed for.
Respectfully submitted.
19 March 2022
City of Cebu
ATTY. GRUPO UNO
Counsel of the Accused
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NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Regional Trial Court, Branch 200
Kanturatoy, Cebu
Greetings!
Please submit the foregoing motion to the Honorable Court on March 21,
2022 at 8:00 in the morning for its favorable consideration and approval.
ATTY. GRUPO UNO
Counsel of the Accused
Copy furnished by personal service:
PROSECUTOR GRUPO DOS
Office of the City Prosecutor, Kanturatoy, Cebu
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