Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 36
Santiago City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.

14106
Plaintiff,
FOR: RAPE
-versus-

ELEAZAR ORTLLANO GARCIA,

Accused.
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PETITION FOR BAIL

Accused, through the undersigned counsel, unto this

        
Honorable Court, respectfully states:

1. That accused is currently detained at the Santiago City Police

Office (116), Victory Norte, Santiago City for the charge of RAPE
and has been behind bars since his arrest on 14 February 2023;

2. That under Sec. 13 of the 1987 Constitution of the Republic of the

Philippines, 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. The right to
bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be
required.
3. That no bail has been recommended for his temporary release for
the crime of RAPE is punishable by Reclusion Perpetua and on
the assumption that the evidence of guilt is strong;

4. That the prosecution's evidence of guilt against accused,

however, is weak  as there is no direct evidence that will point to
the accused to have committed the charge against him. The
records will show that accused was maliciously implicated in the
case only through the sworn statement of the private complainant
MS. JONALYN SONCUAN BELTRAN and the medico legal signed by
Dr. Marietess R. Donaire, MD. (copies of the Affidavit are hereto
attached as Annexes "A" and "B");

5. That there is no other physical or documentary evidence to show

that accused is guilty of the crime charged;

6. That the private complainant filed the instant case of “RAPE”

against the accused only because the consensual sex that
happened between them became a “ hot-issue” in their
neighborhood;

7. That, what really transpired between the private complainant and

the accused was a consensual sex as designed by their feelings
and Mutual lust;

8. That the burden of showing that evidence of guilt is strong is on

the prosecution, and since this fact is not satisfactorily shown,
accused is entitled to bail as a matter of right during the
pendency of the criminal case.

      WHEREFORE, upon prior notice and hearing, it is

respectfully prayed of this Honorable Court that accused
ELEAZAR ORTLLANO GARCIA be allowed to post bail for his
temporary liberty pending trial of the criminal charge against him.
  

MOST RESPECTFULLY SUBMITTED.

Other relief just and equitable are likewise prayed for.
 Santiago City, February 27, 2022.

CACATIAN LAW OFFICE

Counsel for the Accused
P-2, Patul, Santiago City

By:

ATTY. FLORENZ EFREN D. CACATIAN

Roll No. 80075; 5/18/2022
IBP No. 217073-74; 5/25/2022; IBP Ortigas
MCLE Compliance Certificate: Exempt (Bar Exams 2020-2021
passer)
Email Address:florenzefrendasigcacatian@gmail.com
Contact No. 639056564189

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 36
Santiago City

          Greetings!
      
Please submit the foregoing motion to the Honorable Court
on 02 March 2023 (Thursday) at 8:30 in the morning for its
favorable consideration and approval.

ATTY. FLORENZ EFREN D. CACATIAN

                                           
Copy furnished by personal service:

OFFICE OF THE CITY PROSECUTOR

JUSTICE HALL, SANTIAGO CITY