REPUBLIC OF THE 

PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch 43, Manila

HONORABLE JUDGE MANUELA LORENZO

People of the Philippines,

         - versus -
CRIMINAL CASE NO. 02-199883
Name of Child, Age,
                            Child.
x - - - - - - - - - - - - - - -x

MOTION FOR RELEASE ON RECOGNIZANCE

With Entry of Special Appearance

     THE above-named child, through counsel, who hereby respectfully enters

a special appearance solely for the purpose of securing his provisional
liberty, unto this Honorable Court, invoking his special entitlement as a child
under Philippine and international law, respectfully moves for his release on
recognizance, on the ground that, to wit:

1. The child hereby respectfully applies for release on recognizance pursuant to

the Rule on Juveniles in Conflict with the Law [Administrative Memorandum
No. 02-1-18-SC], issued by the Honorable Supreme Court, providing for the
following, thus, to wit: 

"Section 16. - When Bail A Matter of Right. - xxx However, where the
juvenile does not pose a threat to public safety, the Family Court may, motu
proprio or upon motion and recommendation of the DSWD, release the
juvenile on recognizance to the custody of his parents or other responsible
person."

2. This motion is also in line with Article 191 of Presidential Decree 603,
otherwise known as the Child and Youth Welfare Code, as amended, and
Section 8 of the Rules and Regulations on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders, mandating law enforcers
to divert and turn over children at the point of arrest to the custody of social
workers and/or responsible members of the community, and Section 8 of
 Republic Act 8369 or the Family Courts Act of 1997, providing children with
alternatives to imprisonment such as community continuum, counseling,
conflict resolution seminars, essay writing, apology, community service,
etc.;

3. The said child failed to post the required bail bond;

4. MRS. Name of Mother and/or other proposed custodian, mother of the said

child, residing at ____________________________________, Manila, is
willing to take the said child into her own custody pending the trial of this
case;

5. The said parent hereby undertakes to guarantee the child’s appearance

whenever so required before this Honorable Court, pursuant to the herewith
attached Affidavit of Undertaking executed by her and marked as Annex A;

6. The pertinent provisions of the Family Courts Act of 1997 (Republic Act
8369), together with its progenitor, the UN Convention on the Rights of the
Child and other international instruments, accord special protection to
children accused of violating the law;

7. The United Nations Standard Minimum Rules for the Administration of

Juvenile Justice (Beijing Rules), specifically Article 13.1 thereof, provides:

"13. Detention Pending Trial.

13.1. Detention pending trial shall be used only as a measure of last resort and
for the shortest possible period."

8. By virtue of the Beijing Rules and in the advent of the Family Courts Act of
1997, detention should be undertaken by the state only as a measure of last
resort and only for the shortest possible period;

9. Both international human rights law and Philippine laws mandate the state to
observe the best interest of the child principle (UN Convention on the Rights
of the Child) as well as the principle of diversion enshrined under Section 8
of the Family Courts Act of 1997 (RA 8369) and under Sections 4 (f-g) and
Sections 20-24 of the Rule on Juveniles in Conflict with the Law as well as
Article 11, Section 11.1 to 11.4 of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (Beijing Rules) in order to
avoid the contact of children and youth with the criminal justice system
which criminological findings show merely traumatize, criminalize, and
alienate them from society.

PRAYER
     WHEREFORE, premises considered, it is respectfully prayed unto this
Honorable Court that the above-named child be released on recognizance
pending the trial of the instant case.

      Other just and equitable remedies are likewise prayed for.

      Manila, October 28, 2006.

      Respectfully submitted.

(Sgd.) Perfecto Caparas

Counsel for Child Movant
Coalition to Stop Child Detention Through Restorative Justice
Attorneys Roll No. 39200
IBP Lifetime Membership Roll No. 00277/IBP Manila III Chapter

NOTICE OF HEARING

THE ASSISTANT CITY PROSECUTOR

OFFICE OF THE PROSECUTOR
City Hall, Arroceros, Manila
Greetings:

     Please take notice that the undersigned shall submit the foregoing for the
consideration and approval of the Honorable Court immediately on
________________, 2006, at 8:30 a.m., or as soon thereafter as the
Honorable City Prosecutor may properly be heard thereon.

(Sgd.) Perfecto Caparas