Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
BRANCH 96
Catanauan, Quezon

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIMINAL CASE No. 20-0520-CAT
-versus-
For: HOMICIDE

ARIEL NECOR MAXIMO

Accused.
x-----------------------------------------------x

APPLICATION FOR BAIL PENDING APPEAL

COMES NOW, ACCUSED ARIEL N. MAXIMO, through

undersigned counsel, unto this Honorable Court most respectfully avers that:

1. On October 12, 2021, the Honorable Court issued a Decision, the

dispositive portion of which reads as follows:

“WHEREFORE, premises considered, accused Ariel

Maxim0 y Necor is found GUILTY beyond reasonable doubt of
Homicide as defined under Art. 249 of the Revised Penal Code
and is hereby sentenced to suffer the penalty of imprisonment
from four (4) years as minimum to eight (8) years as
maximum. x x x x x x x

SO ORDERED.

2. After the promulgation of judgment, the Court ordered the

accused to surrender himself to the Philippine National Police which was
complied to by the accused when he surrendered himself to the PNP General
Luna, Quezon MPS where he is currently detained;

3. The accused timely filed his Notice of Appeal on October 13,

2021;

4. Section 5 of Rule 114 of the Revised Rules of Criminal Procedure

provides:

SEC. 5. Bail, when discretionary. – Upon conviction by the

Regional Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to bail is discretionary.
xxxx xxxx xxxx
APPLICATION FOR BAIL PENDING APPEAL
PP vs. Ariel Maximo
Page 2 of 3
x-----------------------------------------------x

5. In the instant case, the accused was not convicted of an offense

punishable by death, reclusion perpetua, or life imprisonment. Hence, this
application for bail of the accused is for the sound discretion of the Honorable
Court;

6. The accused prays unto this Honorable Court that during the
pendency of his appeal, he be allowed to be placed under the same bail that
he posted for his provisional liberty under Official Receipt No. 9205614 C
through his bondsman MERLYN C. MAXIMO because:

a. He is not a recidivist, quasi-recidivist, or habitual

delinquent nor has committed the crime aggravated by the
circumstance of reiteration;

b. He has not previously escaped from legal confinement,

evaded sentence, or violated the conditions of his bail without
valid justification;

c. He has not committed the offense while under

probation, parole, or conditional pardon;

d. The circumstances of his case do not indicate the

probability of flight if released on bail; and

e. There is no undue risk that he may commit another

crime during the pendency of the appeal;

7. If accused’s application for bail pending appeal is favorably acted

upon by the Honorable Court, he has no intention to escape. The accused is
already fifty six (56) years old and unemployed and cannot afford to abscond
since he has no other means of livelihood. Thus, he will just stay at home
with his family at Barangay Lavides, General Luna, Quezon;

8. The accused also undertake to religiously comply and abide with

any and all orders of the Honorable Court and any courts as well;

9.Bondsman of the accused MERLYN C. MAXIMO already gave

her consent that the accused be placed under the same bond during the
pendency of his appeal as contained in her affidavit hereto attached as Annex
“1”;

10. Accused is now imploring the leniency and compassion from this
Honorable Court to allow him to be released under the same bond for his
provisional liberty pursuant to the intention of the Honorable Supreme Court
to decongest all jail facilities while the country is suffering under the current
pandemic;

PRAYER
APPLICATION FOR BAIL PENDING APPEAL
PP vs. Ariel Maximo
Page 3 of 3
x-----------------------------------------------x

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court that the foregoing “APPLICATION FOR BAIL PENDING
APPEAL” be considered and GRANTED and issue an order ALLOWING
the accused ARIEL NECOR MAXIMO to be placed under the same bail
posted by his bondsman under Official Receipt 9205614 C.

The accused further prays for other reliefs and remedies which are just
and equitable under the premises.

RESPECTFULLY SUBMITTED.

Catanauan, Quezon, January 15, 2020.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Catanauan District Office
Justice Hall, Barangay 2
Catanauan, Quezon

By:

Atty. FERDINAND EMMANUEL C. PITAHIN

OIC - Public Attorney III
Catanauan District Office
IBP No. 120665/ November 25, 2020
Roll No. 58038
MCLE Compliance V-0025692/April 14, 2019

Notification and Copy furnished:

ATTY. EDELYN AYANCO-SON

Clerk of Court
Br. 96 RTC, Catanauan, Quezon

PROS. LIRIO R. MUÑOZ

Office of the Provincial Prosecutor
Catanauan, Quezon

Greetings:
Please submit the foregoing “APPLICATION FOR BAIL PENDING APPEAL” for
the consideration and approval of this Honorable Court immediately, with or without the
benefit of counsel’s presence and oral arguments.

January 15, 2020, Catanauan, Quezon.

Atty. FERDINAND EMMANUEL C. PITAHIN