REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Sixth Judicial Region
Branch ____
Iloilo City

THE PEOPLE OF THE PHILIPPINES, CRIM. CASE NOS. 20-85115

- versus - FOR: RAPE BY CARNAL KNOWLEDGE

Under Art. 266-A par. 1 of the RPC as
amended by RA 8353

HERMOSO MOLEÑO
alias “MOSOY”,
Accused.
X - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

MOTION TO BAIL

COMES NOW Accused Hermoso Moleño alias “Mosoy”through the

undersigned counsel and unto to this Honorable Court most respectfully alleges:

1. That the Accused is presently detained at the Bureau of Jail Management and
Penology, Ungka, Pavia, Iloilo;

2. That the Accused has been languishing in jail since the time of his arrest last
August 5, 2011 and continuously up to the present;

3. Since the Arraignment of the Accused last September 12, 2011 until today
(which is almost I and ½ year already), his case is still at the Pre-Trial Stage because the
scheduled pre-trial has been reset for several times already due to no fault of his own.
In fact, the Accused has always been present in each and every scheduled hearing while
the private complainants/witnesses failed to appear even for a very single instance that
clearly manifests the lack of interest to prosecute the case considering that the evidence
of his guilt is not strong;

4. That the Accused is the breadwinner of his family who happens to have an
unemployed wife with three (3) minor children fully dependent on him for support.
The accused is a first time offender if proven and not one among identified and marked
in the watch list of Philippine Drug Enforcement Agency (PDEA);
5. Anent thereto, Accused intends to post bail for his provisional liberty and he
is requesting the Honorable Court that he will be allowed to post bail;

6. Accused is not a hardened criminal and there is no danger of flight, begs the
indulgence of the Honorable Court that he may be allowed to post bail as he has been
detained for almost 1 and ½ year already amidst the slow progress of his cases due to
numerous postponements not attributable to him, so that he can attend the needs of his
dependent family instead of being detained helplessly looking up for his family
pending the proper disposition of these cases which certainly takes a long time.
 WHEREFORE, premises considered, it is most respectfully prayed that the
Accused be allowed to post bail for his provisional liberty pending the proper
disposition of his cases.

Accused prays for such other relief just and equitable under the premises.

Iloilo City, Philippines, March 4, 2013.

OBERAS LAW OFFICE

Counsel for the Accused

ATTY. RONALD Y. LAO

SUITE 27 G/F LOPEZ ARCADE
E. LOPEZ ST., ILOILO CITY
IBP LIFETIME NO. 891220/ 1-8-13/ I.C.
PTR NO. 40288384/ 1-2-13/ I.C.
ROLL NO. 53133
MCLE COMP NO. III. 9544
ISSUED ON MARCH 24, 2010

The Clerk of Court

RTC Branch 25
De Paul College
Iloilo City

Greetings :

Please calendar the foregoing Motion to Bail on March 8, 2013 at 8:30 A.M. for
consideration and approval of the Honorable Court.

RONALD Y. LAO

Copy furnished by personal delivery:

Pros. Lionel Dapat

Trial Prosecutor
City Prosecutors Office
Iloilo Termininal Market
Iloilo City

Received By: _____________. Date: _______________