REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH 102
QUEZON CITY

PEOPLE OF THE PHILIPPINES

Plaintiff,

- versus - Criminal Case Nos.

RQ-Z-19-02586-87-CR
Violation of Secs. 13 & 14.
Art. II, RA 9165

EDREI REYES Y EUSEBIO, JOHN CARLO

LOPEZ Y CONSIGNA,
RINALDI REYES, JR. Y EUSEBIO
CICL MARC ANTHONY ESPERA Y LOBRINO
Accused.

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MOTION TO SET BAIL

Accused, Edrei E. Reyes and Rinaldi E. Reyes, Jr., through the
undersigned counsel, come before this Honorable Court, and
respectfully state that:
1. The accused are currently detained at the Quezon City Jail for
the charge of Violation of Sections 13 &14 of Art. II, RA 9165 and
have been in custody since their arrest on January 27, 2019;
2. No bail was recommended for their temporary release;
3. Under the law, the penalty for violation of Section 13, Art. II of
R.A. 9165 is that which is provided under Sec. 11 of the same law,
which reads as follows:
Section 11. Possession of Dangerous Drugs. - The
penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug
in the following quantities, regardless of the degree
of purity thereof:
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xxx

(6) 10 grams or more of marijuana resin or marijuana

resin oil;

(7) 500 grams or more of marijuana; and

Otherwise, if the quantity involved is less than the

foregoing quantities, the penalties shall be
graduated as follows:

(1) Life imprisonment and a fine ranging from Four

hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the
quantity of methamphetamine hydrochloride or
"shabu" is ten (10) grams or more but less than fifty
(50) grams;

(2) Imprisonment of twenty (20) years and one (1)

day to life imprisonment and a fine ranging from Four
hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the
quantities of dangerous drugs are five (5) grams or
more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300)
grams or more but less than five (hundred) 500)
grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1)

day to twenty (20) years and a fine ranging from
Three hundred thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5)
grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or
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"shabu", or other dangerous drugs such as, but not

limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB,
and those similarly designed or newly introduced
drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or less than three
hundred (300) grams of marijuana.

4. In the instant case, the accused Edrei E. Reyes, Jr. stands

charged with possession of a total of only zero point thirty-seven
grams of marijuana, while Rinaldi E. Reyes is charged with
possession of only zero point nineteen grams of marijuana;
5. Settled is the rule that bail is a matter of right when the offense is
not punishable by death or reclusion perpetua or life
imprisonment;
6. In the case of People vs. Piad, (G.R. No. 213607, January 25, 2016)

accused-appellant Davis was charged with two informations for

illegal possession of dangerous drugs weighing 0.03 grams at a
party and illegal possession of drug paraphernalia at a party in
violation of Sections 13 and 14 of RA 9165. The Supreme Court
said:
“Before conviction, bail is either a matter of right or of
discretion. It is a matter of right when the offense
charged is punishable by any penalty lower than
death, reclusion perpetua or life imprisonment. If the
offense charged is punishable by death, reclusion
perpetua or life imprisonment, bail becomes a matter
of discretion. In case bail is granted, the accused
must appear whenever the court requires his
presence; otherwise, his bail shall be forfeited.”

7. As in the instant case, there being less than five grams of

marijuana allegedly under the possession of the accused, the
maximum imposable penalty for Section 13 in relation to Section
11, paragraph 3, Article II of Republic Act 9165 is only twenty (20)
years and a fine of four hundred thousand pesos (P400,000.00);
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8. The crimes for which both accused are charged with are not
punishable by death or reclusion perpetua or life imprisonment;
9. The circumstances in People vs. Piad are the same as in this case.
The Supreme Court ruled:
Here, Davis was charged with the crimes of illegal
possession of dangerous drugs during a party and
illegal possession of drug paraphernalia during a
party. Both offenses did not have a prescribed
penalty of death, reclusion perpetua or life
imprisonment, thus, bail was a matter of right.

10. In view of the foregoing, herein accused respectfully

submit that they are entitled to bail as a matter of right.
PRAYER
WHEREFORE, upon prior notice and hearing, it is respectfully
prayed of this Honorable Court that accused Edrei E. Reyes and
Rinaldi E. Reyes, Jr. be allowed to post bail for their temporary liberty
pending trial of the criminal charge against them.
Respectfully submitted.
Pasig City for Quezon City, March 22, 2019.

RAMON LUIS C. STO. DOMINGO

Counsel for the Accused
Edrei E. Reyes and Rinaldi E. Reyes, Jr.
CHATO & VINZONS-CHATO LAW OFFICE
8th Floor, Strata 2000 Building,
F. Ortigas Jr. Road, Ortigas Center
1605 Pasig City
Tel. Nos: (632)6316561 to 64
Fax: (632)6317634
Email: chalex@pldtdsl.net

IBP No. 070753 1-23-19 QC

PTR No. 7574170 1-28-19 QC
Roll of Attorneys No. 54092
MCLE V Compliance No. V-0021958
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NOTICE OF HEARING/COPY FURNISHED

Office of the City Prosecutor

Quezon City

Public Attorney’s Office

Quezon City

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 102
Quezon City

Greetings:

Please take notice that the foregoing Motion shall be submitted

for the kind approval and consideration of this Honorable Court
immediately upon receipt thereof or on Friday, 29 March 2019 at 8:30
in the morning or at such date and time convenient to the calendar
of this Honorable Court.

RAMON LUIS C. STO. DOMINGO