REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 106, QUEZON CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM CASE No. R-QZN-21-03461-CR

-versus-
For: Vio of Sec. 5(b) Art. III of RA 7610
REYMUNDO TARIN Y
OÑATE,
Accused-Movant.

X------------------------------------------X

OMNIBUS MOTION TO SET THE CASE FOR ARRAIGNMENT UNDER

VIDEO-CONFERENCE AND TO ALLOW THE ACCUSED
TO POST REDUCED BAIL

Accused-Movant, Reymundo Tarin y Oñate, through the special

assistance of the undersigned IBP volunteer lawyer unto this Honorable
Court, most respectfully states and moves that:

1. The Accused-Movant stands charged in the Information for

the commission of the crime of Violation of Sec. 5(b) Art. III of RA 7610
and is under police custody since May 4, 2021 at the Talipapa Police
Station 3, Quezon City Police District. That up to the present the accused
has not yet been arraigned.

2. The Accused-Movant humbly manifests that the charge

against him is a bailable offense; and that by posting the cash bond, he is
entitled to provisional liberty without prejudice to the continuation of trial
of his case. Nonetheless, however, he could not afford the amount of
recommended bail as appearing in the Information, which is Php
200,000.00;

3. The Accused-Movant humbly invokes the mandate of the

Honorable Supreme Court in Administrative Circular 38-2020 that he shall
be allowed to post the reduced bail during this time of public health
emergency;

4. Under RA 7610 , SEC. 5 (b ) of which states that: those who

commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That
when the victims is under twelve (12) years of age, the perpetrators shall
be prosecuted under Article 335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious
conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period;

5. The medium period of the penalty for the crime is 14 years

, eight months and one day hence, if by applying the mandate of the High
Court in A.C. No. 38-2020, the reduced bail that may be allowed to be
posted by the accused-movant is Php 44,000.00;1

6. The Accused-Movant humbly requests that the instant case be

set for arraignment thru videoconference and likewise appeals to the
mercy and compassion of this Honorable Court and respectfully moves that
he be allowed to post the reduced bail of One Thousand Pesos (Php
44,000.00) as per the Supreme Court’s Administrative Circular No. 38-
2020;

7. That OCA Circular No. 14-2021 which allows the courts to

operate online via video conference hearings only for urgent and as such
as but not limited to the application for bail. Hence this Motion to set case
for arraignment via video conference and to allow the accused to post
reduced bail.

8. The accused-movant humbly files this motion due the high

risk of Persons Deprived of Liberty (PDLs) being afflicted with COVID-19
during this period of public health emergency. The Honorable Court must
understand with compassion that the Talipapa Police Station 3, Quezon
City Police Distrct, where he is detained has been reported as infected with
COVID-19 virus;

9. The accused-movant undertakes to undergo the required 14-

day quarantine upon release, which the Court may deem appropriate to be
conducted to ensure that accused-movant is negative of COVID-19
infection;

10. The accused-movant acknowledges and understands that his

release on reduced if granted shall be without prejudice to the

1
No.3 of Administrative Circular No. 38-2020 “For those charged with a crime
punishable with the maximum period of prision correctional or six (6) months and one
(1) day to six (6) years, the bail shall be computed by getting the medium period
multiplied by One Thousand Pesos (P1,000.00) for every year of imprisonment.
continuation of proceedings against him; and that his failure to appear in
court whenever necessary for the continuation of the proceedings against
him, any violation of the undertaking or conditions imposed on the bail
shall be a ground for the cancellation of bond which will justify the
issuance of a warrant of arrest against him.

Other measures of relief just and equitable under the circumstances

are likewise prayed for.

RESPECTFULLY SUBMITTED.

Quezon City. 23 August 2021.

Reymundo Oñate Tarin

Accused-Movant

Assisted by:

Rosalinda A. Montenegro
IBP-QC Legal Aid
Roll of Attorney’s No. 68465; Quezon City
IBP Member No.
PTR No. AR 40938326– Quezon City; 01-04- 2021
MCLE Compliance No. VI -0005347

Mobile Nos. 0917 4985356; 09508336701

Email: ramlaw17@gmail.com

Copy furnished:

Office of the City Prosecutor

Quezon City

Public Attorney’s Office

 Notice of Hearing

The Branch Clerk of Court

Branch 106
Regional Trial Court
Quezon City

Greetings!

Kindly submit this Very Urgent Omnibus Motion to set the case for
Arraignment and to allow Accused to Post Reduced Bail for the
consideration or approval of the Honorable Court even without the
presence of the parties during this period of public health emergency.

ATTY. ANTHONY J. PURGANAN

The Public Prosecutor

Office of the City Prosecutor
Quezon City

The Public Attorney’s Office

Quezon City

Please be informed that this this Very Urgent Ex Parte Motion to Post
Reduced Bond for the consideration or approval of the Honorable Court
even without the presence of the parties during this period of public health
emergency.

ATTY. ANTHONY J. PURGANAN