Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Davao City
Branch 15

PEOPLE OF THE PHILIPPINES

Petitioner,
Criminal Case No. 00567
- versus - For: Murder

ROSIE COTTON
Respondent.
x ------------------------------------------ x

PETITION FOR BAIL

THE ACCUSED Rosie Cotton, by counsel, and unto this Honorable

Court, respectfully moves to be allowed bail on the ground that the
prosecution’s evidence of his guilt is not strong.

In support, he respectfully submits the following:

1. The Information alleges that he raped the private complainant on

January 25, 2020 at his residence in Davao City. The prosecution’s own
evidence, however, belies this allegation as: (a) the medical certificate
(attached as ANNEX A to the Information) states that private complainant is
in a virgin state with no physical and outward signs of trauma; (b) the
medical certificate issued by the NBI doctor (attached as ANNEX B to the
Information) after a physical examination of the accused, two (2) days after
the alleged rape, shows that he is suffering from erectile dysfunction and has
been so afflicted for close to five (5) years now and (c) the sworn statements
of the private complainant conflict with and contradict each other such that
her credibility must be placed in doubt.

2. For these reasons, there is no basis to conclude that the accused raped
the private complainant as there is less than circumstantial evidence of this
fact. He is, thus, entitled to bail as a matter of right.
 PRAYER

WHEREFORE, it is respectfully prayed that the accused be granted:

(1) a bail hearing, during which the prosecution should be directed to
present its evidence to show the strength of its evidence of the accused’s
guilt, and (2) thereafter, grant the accused reasonable bail.

Other just and equitable reliefs are also prayed for.

Respectfully Submitted.
Davao City, Philippines.
March 15, 2020.

(Sgd.) Rosie Cotton

Respondent

ASSISTED BY:
(SGD.) ATTY. AVEN SINA B. CAUBANG
COUNSEL FOR PLAINTIFF
ROLL OF ATTY. NO 718308
IBP NO. 187308;
PTR NO. 1806083A; 1/8/2020
MCLE NO. 524162

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court
11th Judicial Region
Davao City, Branch 15

THE HONORABLE ASSISTANT CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice, Davao City

Greetings:

Please take notice that the foregoing Motion will be submitted for the
Court’s consideration and resolution on March 20, 2020 at 8:30 a.m. or as
soon thereafter as matter and counsel may be heard.
COPY FURNISHED:

THE BRANCH CLERK OF COURT

Regional Trial Court
11th Judicial Region
Davao City, Branch 15

THE HONORABLE ASSISTANT CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice, Davao City