Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 113
Pasay City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 123456
for
Theft

- versus JUAN DELA CRUZ y CRUZ,

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

The undersigned Assistant City Prosecutor hereby accuses JUAN DELA CRUZ y CRUZ of the
crime of Theft committed as follows:
That on or about May 10, 2016, in the City of Pasay, Philippines, within the jurisdiction of this
court, the said accused, did then and there willfully, unlawfully and feloniously, with intent of gain, take,
steal, and carry away one (1) Lenovo G40 black laptop with serial number PH0204AQ1, amounting to
TWENTY-FIVE THOUSAND FIVE HUNDRED AND FIFTY PESOS (P25,550.00), Philippine Currency and
belonging to MARIA SANTOS y REYES, without the knowledge and consent of the latter inside their
rented apartment unit in Pasay City.
Contrary to law.

City of Pasay, Philippines, June 26, 2016.

ATTY. PEDRO SANCHEZ

Assistant City Prosecutor
City of Pasay, Philippines
Witnesses:
Maria Santos y Reyes complainant
Crusita Cruz y Mendoza neighbor
S/G Daniel Hernando y Salas roving guard-on-duty
BAIL RECOMMENDED: TWENTY THOUSAND PESOS (P20,000.00) Philippine Currency

AFFIDAVIT OF DESISTANCE

REPUBLIC OF THE PHILIPPINES)

CITY OF PASAY
) S.S.

I, MARIA SANTOS y REYES, of legal age, single, and a resident of # 123 Main St.,
Libertad, Pasay City, after having duly sworn to in accordance with law hereby depose and state:
1. I am the complaining witness for the crime of Theft against JUAN DELA CRUZ y CRUZ in
the criminal case entitled "People of the Philippines versus Juan Dela Cruz y Cruz",
Criminal Case No. 123456, before the Regional Trial Court Branch 113, City of Pasay.
2. After my sober and soul searching assessment and analysis of the incident, I have
realized that because I was not wearing my eyeglasses and the room where I was, at the time I
saw a man actually taking my laptop, was dark, I cannot point out, without a doubt, if the said
man was the accused.
3. Since I could not state with certainty and without doubt the liability of JUAN DELA CRUZ
y CRUZ, in fairness to him, I am permanently withdrawing my complaint against him. I clear him
of whatever responsibility or liability to me.
4. I hereby inform the City Prosecutor of Pasay that I am withdrawing my complaint for the
crime of Theft in Criminal Case No. 123456 entitled "People of the Philippines versus Juan Dela
Cruz y Cruz", before the Regional Trial Court Branch 113, City of Pasay.
5. I likewise request the before the Regional Trial Court Branch 113, City of Pasay to
dismiss with prejudice the said criminal case.
IN WITNESS WHEREOF, I hereby set my hand this 15th day of July 2016 at the City of
Pasay.
Maria Santos y Reyes
Complaining Witness
SUBSCRIBED AND SWORN to before me this 15nd day of July 2016 at the City of Pasay,
Philippines.

ATTY. PEDRO SANCHEZ

Assistant City Prosecutor
City of Pasay, Philippines

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 113
Pasay City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 123456
for
Theft

- versus JUAN DELA CRUZ y CRUZ,

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

PETITION FOR BAIL

Accused in the above-entitled case, thru counsel, unto this Honorable Court, respectfully states:

1. That Accused is currently detained at the Pasay City Jail for the charge of Theft and has been
behind bars since his arrest on May 10, 2016;
2. That no bail has been recommended for his temporary release on the assumption that the
evidence of guilt is strong;
3. 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 charges against him. The records will show
that accused was malicious implicated in the case through the sworn statements of Maria Santos y
Reyes, who subsequently recanted her testimonies and confessed, among others, that she was in her
room, which was dark at that time, when he saw a man taking her laptop. (Copy of the Affidavit of
Recantation are hereto attached as Annex "A".)
4. That there is no other physical or documentary evidence to show that accused is guilty of the
crime charged;
5. 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.

PRAYER

WHEREFORE, upon prior notice and hearing, it is respectfully prayed of this Honorable Court
that accused JUAN DELA CRUZ y CRUZ be allowed to post bail for his temporary liberty pending trial of
the criminal charge against him in such amount as this Honorable Court may fix.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

June 28, 2016, City of Pasay, Philippines.

Atty. Happ Y. Ness

Counsel for the Accused

NOTICE OF HEARING

BRANCH CLERK OF COURT

REGIONAL TRIAL COURT, BRANCH 113
CITY OF PASAY
Greetings.
Please take notice that the foregoing Petition for Bail shall be submitted for the consideration and
approval of the Honorable Court on Friday, June 30, 2016 at 8:30 in the morning or as soon as counsel
and matter may be heard.

Atty. Happ Y. Ness

Counsel for the Accused, JUAN DELA CRUZ y CRUZ
Unit 5B 5th Floor, Garnet Bldg.,
11223 Ayala Ave., Makati City
Copy furnished by personal service:

PUBLIC PROSECUTOR
ATTY. PEDRO SANCHEZ
Assistant City Prosecutor
City of Pasay, Philippines