Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 53, Cebu City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Case No.: R-CEB-21-00550 & 51-CR
-versus- For: Violation of Sections 5 and 11 of
Article II of the Republic Act 9165
CRIS BRYAN GONZAGA
FAJARDO a. k. a. “BRYAN” and
NOAH TAMPUS ANTONIO,
Accused.
X-------------------------------------------/

PETITION FOR BAIL

Accused, by and through the undersigned counsel and pursuant to

Constitutional and statutory provisions on bail as well as on A.M. No. 12-
11-2-SC1, respectfully requests this Honorable Court to set the case for bail
hearing and, after notice and hearing, allow the accused to post bail for his
temporary release, and avers as follows:

1. The accused are currently detained for the alleged violation of

Sections 5 and 11 of Article II of the Republic Act 9165 and has been
behind bars since their arrest;

2. No bail has been recommended for their temporary release on

the assumption that the evidence of guilt is strong;

3. The Constitution mandates that “all persons, except those

charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law xxx”; 2

4. Corollary, the Rules of Court states that “no person charged with
a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail when evidence of guilt is strong,
regardless of the stage of the criminal prosecution.3 At the hearing of an
application for bail filed by a person who is in custody for the commission of an
offense punishable by death, reclusion perpetua, or life imprisonment, the
prosecution has the burden of showing that evidence of guilt is strong xxx”; 4 
5. The Supreme Court has allowed the summary hearing of the
application for bail of persons charged with offenses punishable by death,

1
Guidelines for Decongesting Holding Jails By Enforcing the Rights of Accused Persons to Bail and to
Speedy Trial
2
Section 13, Art. III of the 1987 Constitution of the Republic of the Philippines
3
Section 7, Rule 114 of the Revised Rules of Criminal Procedure
4
Section 8, Rule 114 of the Revised Rules of Criminal Procedure
 People v. Chris Bryan G. Fajardo et .al.
Case No.: R-CEB-21-02112-CR
Petition for Bail

reclusion perpetua, or life imprisonment.5 Section 6 of A.M. No. 12-11-2-SC

aptly provides the following:

“Section 6. Bail in offenses punishable by death, reclusion

perpetua or life imprisonment. a) The hearing of the accused’s
motion for bail in offenses punishable by death, reclusion
perpetua or life imprisonment shall be summary, with the
prosecution bearing the burden of showing that the evidence of
guilt is strong. The accused may at his option, if he wants the
court to consider his evidence as well, submit in support of his
motion the affidavits of his witnesses attesting to his
innocence.”

6. The prosecution’s evidence of guilt against the accused,

however, is weak as there is no direct evidence that will point to the
accused to have committed the charges against them;

7. The burden of showing that evidence of guilt is strong

rest upon the prosecution, and unless this fact is satisfactorily shown, the
accused is entitled to bail as a matter of right.

WHEREFORE, premises considered, and in the interest of

substantial justice, it is humbly prayed upon the Honorable that these
cases be set for bail hearing, and thereafter, the accused be allowed to post
bail for his temporary liberty in such amount as this Honorable Court may
find it reasonable under the circumstance.

Other just and equitable reliefs are likewise prayed for.

RESPECTFULLY SUBMITTED.

Cebu City, Philippines. April 23, 2021.

By:

DARYL ANDREW C. MONTECLAR

Counsel for the Accused
Roll No. 70561
Office Add.: Unit 12, RD Bldg., (In front of PSA) Colon St., Cebu City
Contact Account: 09177931367 or 032 5059760/monteclar143@yahoo.com
PTR No.: 2024041/January 20, 2021 - Cebu City
IBP No.: 106697/January 5, 2021 - Cebu Chapter
MCLE Compliance No. VI – 0010810, Valid Until April 14, 2022
REQUEST

Honorable Branch Clerk of Court

5
A.M. No. 12-11-2-SC, Guidelines for Decongesting Holding Jails by Enforcing the Rights of the Accused
Persons to Bail and to Speedy Trial

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 People v. Chris Bryan G. Fajardo et .al.
Case No.: R-CEB-21-02112-CR
Petition for Bail

Regional Trial Court

Branch 53, Cebu City

Greetings!

Please submit the foregoing Petition for Bail for the kind consideration
and approval of the Honorable Court immediately upon receipt hereof.

Thank you.

Daryl Andrew C. Monteclar

Counsel for the Accused

Copy furnished via email:

Handling Prosecutor
City Prosecution Office
Lapu-Lapu City, Cebu

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