REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

PEOPLE OF THE PHILIPPINES,

Plaintiff-Appellee,
CA-G.R. C.R. No._____________
(RTC CRIM. CASE NO. 05-557)
- versus -

CHRISTOPHER CARUBIO Y FULLA,

Accused-Appellant.
x----------------------------------------------- x

MOTION TO POST BAIL PENDING APPEAL

ACCUSED-APPELLANT, through the undersigned counsel, to this

Honorable Court, most respectfully avers:

1. On February 15, 2008, the trial court rendered a decision, the

dispositive portion of which reads:

“WHEREFORE, the court hereby

renders judgment finding the accused
CHRISTOPHER CARUBIO y FULLA guilty
beyond reasonable doubt of the offense of
illegal possession of 0.06 gram of
methampethamine hydrochloride, a
dangerous drug. Pursuant to Section 11,
paragraph 3, Republic Act 9165 and applying
the Indeterminate Sentence Law, he is
hereby sentenced to suffer imprisonment
ranging from twelve (12) years and one (1)
day to fifteen (15) years and to pay a fine of
PESOS: THREE HUNDRED THOUSAND ( P300,
000.00). Cost against the accused.

Pursuant to Section 21(7), Republic Act

9165, ACP Prosecutor Michelle Divina-Delfin
shall, after promulgation hereof, inform the
Dangerous Drug Board of the final
termination of the case and request this
court for the turn over of the dangerous drug
subject matter thereof to the PDEA for proper
disposition and destruction within twenty-
fours from its receipt.

SO ORDERED.”

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 2. Aggrieved, the accused-appellant elevated to this Honorable

Court via a timely Notice of Appeal.

3. While the record of the case had to be forwarded to the Court of

Appeals, accused filed an application for bail, which application was

granted in an Order dated March 7, 2008, the dispositive portion of

which reads:

“WHEREFORE, the court hereby grants

the application for bail pending appeal of the
accused Christopher Carubio. If the bail is
posted after the transmittal of the record to
the Court of Appels, it is understood that the
court shall no longer act thereon.

SO ORDERED.”

4. The appellant implores this Honorable Court to allow him the

privilege to enjoy temporary liberty while his case is pending appeal,

pursuant to Section 5, Rule 114 of the Rules of Criminal Procedure,

which provides:

“SEC. 5. Bail, when discretionary – Upon

conviction by the Regional Trial Court of an
offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to bail
is discretionary. xxx”

5. It is submitted that none of the circumstances mentioned in

Section 5, par. 3, Rule 114 of the Rules of Court is present, so as to

warrant the denial of his application for bail. Further, the accused-

appellant has no intention to evade his pending appeal or frustrate the

disposition of the same.

6. If this motion is favorably acted upon by the Honorable Court,

the accused-appellant undertakes to comply with the conditions of his

bail.

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 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that herein accused-appellant be given the

privilege to post bail pending appeal.

Quezon City for Manila.

1 April 2008.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
DOJ Agencies Building
NIA Road, Corner East Avenue
1104 Diliman, Quezon City

By:

AMELIA C. GARCHITORENA
Public Attorney IV
Roll No. 23557
IBP OR No. 735423 1-08-2008

ZENAMAR J.L. MACHACON-CAPARROS

Public Attorney III
Roll No. 48426
IBP OR NO. 737219 1-10-2008

&

SHIRLEY MAE O. TABANGCURA

Public Attorney I
Roll No. 53955
IBP OR NO. 733376 1-07-2008

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 EXPLANATION
(Pursuant to Sec.11, Rule 13 of the 1997
New Rules of Civil Procedure)

The foregoing MOTION is being served by registered mail, personal

service not being practicable due to limited number of messengers in the
undersigned’s office.

SHIRLEY MAE O. TABANGCURA

Copy furnished:

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St. Legaspi Village
1229 Makati City.

CHRISTOPHER CARUBIO y FULLA

c/o The Director
New Bilibid Prisons
Muntinlupa City