Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
Branch 45
Malaybalay City

PEOPLE OF THE PHILIPPINES CRIM CASE NO. 38933-22 to

Plaintiff, 38935-22
-versus-
BASEMARK TILUCAN y Piston, FOR: Violation of Sec. 5, 11
Accused. and 12 of RA 9165
X---------------------------------------X

MOTION FOR RELEASE ON RECOGNIZANCE

ACCUSED, through the Public Attorney’s Office, by the undersigned

counsel and unto this Honorable Court, most respectfully applies for
release on recognizance and hereby states:

1. The accused filed a Petition for Probation to this Honorable Court

upon conviction of above-mentioned case;
2. Accused, Basemark Tilucan, is currently detained at PDRC
Malaybalay City for the above-mentioned case;
3. Barangay Kagawad Emelda T. Guimba, a duly elected barangay
kagawad of Panalsalan, Maramag, Bukidnon, is willing to accept the
custody of the accused and guarantee his appearance whenever told
so by the Court or of the Parole and Probation Office;
4. Herein attached is an Affidavit of Undertaking Barangay Kagawad
Emelda T. Guimba.

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that this Motion be favorably acted upon.

Other relief, just and equitable, is also prayed for.

August 18, 2022, Cagayan de Oro City.

PUBLIC ATTORNEY’S OFFICE

BJS Building, Tiano-San Agustine Sts.,
Cagayan de Oro City
Counsel for the Accused
By:

FRANCIS JOVILOU E. VISITACION

Public Attorney II
Roll No. 71050
IBP No. 168345/12-21-2021 BUK.
 MCLE Compliance No. VI-0026848/06-14-2019

NOTICE OF HEARING

THE CLERK OF COURT

RTC BRANCH 45

HON. KRISTOFFERLEAN MIOLE

Provincial Prosecutor’s Office
Province of Bukidnon

GREETINGS!

Please take due notice that the undersigned is submitting the

foregoing motion for the consideration and approval of the Honorable
Court immediately upon receipt hereof, sans oral argument and
appearances of counsels.

ATTY. FRANCIS JOVILOU VISITACION

Copy furnished:

HON. KRISTOFFERLEAN MIOLE

Provincial Prosecutor’s Office
Province of Bukidnon
REPUBLIC OF THE PHILIPPINES)
Malaybalay City ) S.S.

AFFIDAVIT OF UNDERTAKING

I, Emelda T. Guimba, of legal age, married, Filipino, and a resident of

P-1 East, Panalsalan, Maramag, Bukidnon, after having been duly sworn to
according to law, hereby depose and state that:

1. I am a duly elected barangay kagawad of Panalsalan, Maramag,

Bukidnon. Attached here with is a copy of Certification and ID as
Annexes “A” and “B”;
2. Accused, Basemark Tilucan, is a detention prisoner at PDRC
Malaybalay City for the above-mentioned case;
3. I was informed that the accused pleaded guilty to a probationable
penalty and he has applied for probation;
4. I was made to understand his desire to be release on recognizance
pending the resolution of his application for probation;
5. I understand that he needs a custodian for this purpose so I am
offering myself as an able, willing, reliable custodian;
6. I hereby undertake to bring him to Court or Parole and Probation
Office whenever required;
7. I have executed the foregoing narration of fact to attest to the truth of
the surrounding circumstance and for whatever purpose this may
serve.

IN WITNESS WHEREOF, I have affixed my signature this August 18,

2022, Malaybalay City, Bukidnon.

EMELDA T. GUIMBA
Affiant

SUBSCRIBED AND SWORN to before me the same date and place

above written.

FRANCIS JOVILOU VISITACION

PUBLIC ATTORNEY II
Public Attorney’s Office
Pursuant To R.A. 9406