PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 14344

- versus - For: Violation of RA 9165

Mr. Top Brass,
Accused.
x ------------------------------------------ x




MOTION FOR BAIL

THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the prosecutions
evidence of his guilt is not strong. In support, he respectfully submits the following:

1. The prosecution alleges that he was selling the private complainant on February 30, 2014
2005 at the parking lot near Starbucks Coffee Shop of Harbor Point mall in Subic Freeport Zone.
The prosecutions own evidence, however, belies this allegation as:

(a) He was alone in his car in the parking lot when the supposed arrest happened, and
that no one was around within the 20 meter raidus;

(b) The video film clip taken by the elements of NBI raiding team showed that (1) he was
inside his car when the NBI agents approached him and (2) the film clips showed nothing
that remotely resembles an activity of drug peddling as the accused was alone sitting at
the drivers seat of his car and (3) The film clips did not show that the three sachets of
drugs, each containing one gram of illegal substance known as shabu, he was alleged to
be selling was in his possession when the arrest took place (4) The NBI video clips
showed no drug buyers (5) the accused finger prints was nowhere to be found on the
three sachets of shabu taken from him possession.

(c) the security video clips recorded by the Mall security cameras also bared that the
accused was alone in his car when the arrest happened.

2. For these reasons, there is no basis to conclude that the accused was selling prohibited drugs. He is,
thus entitled to bail as a matter of right.

WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the
prosecution should be directed to present its evidence to show the strength of its evidence of the
accuseds guilt, and (2) thereafter, grant the accused reasonable bail.

Other just and equitable reliefs are also prayed for.

Olongapo City; March 24, 2014.


(Sgd.) OLEK DEL GUAPO
Counsel for the Accused
[Address]



Copy Furnished:



PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 14344

- versus - For: Violation of RA 9165

Mr. Top Brass,
Accused.
x ------------------------------------------ x


MOTION TO DISMISS WITH PETITION FOR BAIL

DEFENDANT, by this counsel, respectfully moves to dismiss the case against him on the ground
that the prosecutors evidences is of his guilt is not strong. The defendant fails to prove that:

1) The accused was in actual possession of the three grams of illegal substance known as shabu
contained in three sachets when the supposed arrest took place. The only evidence they
presented in support to their allegations with regards to this disputed fact was a testimony from
the arresting team;
2) The accused was actually selling the prohibited drugs to someone. No buyer was ever caught in
the video clips presented by the prosecutor, nor was there anybody who was described, pursued,
caught, and charged in proper courts;
3) The prosecutor failed to establish that the accused finger prints was contained in three sachets of
shabu allegedly recovered from him.

Defendant, by this counsel, and unto this honorable court also respectfully wishes to petition for bail,
respectfully states that:
1) A hearing for this case was scheduled on 10am of May 24, 2014, and the accused, failed to
show to the court;
2) Because of this, the bail bond previously posted by accused was cancelled by court, resulting to
the subsequent arrest of the defendant;
3) That the accused was in the Olongapo City Public Hospital on the day when failed to appear in
court to defend himself and clear his name. He was admitted to the hospital two days prior the
scheduled hearing for dengue fever. He would not be released from the hospital until May 28,
2014.
4) The accused did not intend to defy the lawful order of the court specifically the attendance of
hearing dates if not only for the aforesaid reason. Defendant promise to be present in each and
every stage of the succeeding proceedings form hereon.

WHEREFORE, defendant respectfully prays that the case be DISMISSED in favor of the accused for lack
of evidence that would warrant his conviction beyond reasonable doubt, and, the new petition for bail, be
granted.

Other just and equitable reliefs are also prayed for.

Olongapo City; April 10, 2014.


(Sgd.) OLEK DEL GUAPO
Counsel for the Accused
[Address]

PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 14344

- versus - For: Violation of RA 9165

Mr. Top Brass,
Accused.
x ------------------------------------------ x

NOTICE OF APPEAL

THE ACCUSED, by this counsel, respectfully appeals to the Court of Appeals the Decision of
this Honorable Court dated August 1, 2014, a copy of which he received on August 11, 2014, for
being contrary to law and the evidence presented.


Olongapo City; August 12, 2014.


(Sgd.) OLEK DEL GUAPO
Counsel for the Accused
[Address]