Republic of the Philippines

REGIONAL TRIAL COURT

10TH Judicial Region
BRANCH 10
Malaybalay City

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. 15576-05

Plaintiff For: Violation of Sec. 68, PD.705
AS AMENDED IN RELATION TO
-versus- SEC. 10 LETTER “A”, PAR. 1&2 OF
RA 8978
EPIFANIO SAGAYON
TEOFILO DAYONDON,
DIONITIO SAGAYON JR.,
BANBAN TUNASAN,
JULITO SAGAYON,
JETER HAYAG,
JERRY HAYAG,
TERRY HAYAG,
DELFIN HAYAG,
SOL OKIL,
ALECIO NANULAN,
RODOLFO SAGAYON,
& FEIMON SAG-A,
(all At Large),
Accused.
x----------------------------x

VERY URGENT MOTION TO REDUCE BAIL

COME NOW, Accused JETER HAYAG, JERRY HAYAG, TERRY

HAYAG, DELFIN HAYAG, SOL OKIL and RODOLFO SAGAYON,
through the undersigned counsel, and to the Honorable Court, most
respectfully states, THAT:

1. The above-named accused have filed a Motion for Reinvestigation

with Prayer to Set Aside Warrant of Arrest which was heard today,
02 August 2019.

2. Said Motion was anchored primarily on the ground that the said
accused were never notified of the case against them, hence no due
process. They only knew recently that there was a Warrant of Arrest
 against them regarding this case. Moreover, they were only named
by accused Epifanio Sagayon and Teofilo Dayondon who were
caught on the act but were eventually released by virtue of the
Affidavit of Desistance by complainant DENR.

3. However, the same was dismissed considering that the same is a

prohibited pleading under the Revised Rules on Continuous Trial on
Criminal Cases;

4. During today’s hearing, the accused moved that the case be set for
bail. The Provincial Prosecutor manifested that he is recommending
bail bond in cash in the amount of THIRTY SIX THOUSAND PESOS
(Php 36,000.00) citing pertinent jurisprudence;

5. Considering, however, that all the accused are ordinary men with
very low income and they cannot afford the bail set and if not reduce
will lead to loss of their daily earnings whom their respective family
depends;

6. Considering further the fact of the special nature of this case in the
sense that the case against the accused Epifanio Sagayon and
Teofilo Dayondon were already by virtue of an Affidavit of
Desistance executed by the complainant DENR, it is with high
probability that the case against the remaining accused would also
be dismissed;

7. Based also on the financial ability of the all the accused to give bail,
the character and reputation of the all the accused, and their
probability to appear at the trial, the bail set should be reduced by
one half of what is set;

8. That the bail set may appear affordable to others but to the accused
and their respective families, the same is excessive;

9. All the accused undertakes to present themselves to this court

whenever their presence are required;

10. Finally, this subject motion should be treated as very urgent

considering that there was already a Warrant of Arrest issued to them
and the fact that the bail was only set just today and in the amount
which they cannot afford.
 PRAYER

WHEREFORE, it is most respectfully prayed that this Honorable Court

would issue an Order the soonest possible time to reduce the bail and set it
to half of the bail set or in the amount of EIGHTEEN THOUSAND PESOS (PhP
18, 000.00) in cash for each accused.

Malaybalay City, Bukidnon, August 2, 2019.

LAGAMON AND ASSOCIATES LAW OFFICE

2nd Floor, Jamstar Building, corner
Judge Carillo- San Isidro Sts., Brgy 5,
Malaybalay City, Bukidnon
Counsel for the Accused

By:

ALBERTO R. LAGAMON
PTR No. 8153242: 1-03-2019
IBP lifetime No. 08176
ROLL of Atty’s No. 52899
TIN 106-037-743
Malaybalay City Bukidnon
MCLE Compliance No. V- 0009310

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Regional Trial Court Branch 10
Malaybalay City, Bukidnon

Office of the Provincial Prosecutor

Province of Bukidnon

Greetings!

Please take notice that the undersigned Counsel is submitting the

foregoing motion to Reduce Bail for the kind consideration of the Honorable
Court immediately upon receipt hereof sans appearance and/or oral
arguments.

ALBERTO R. LAGAMON

Office of the Provincial Prosecutor

Province of Bukidnon