Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM CASE NO. ____________

-versus- FOR: ______________________

LASCUNA
Accused.
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URGENT MOTION FOR REDUCTION OF P 200,000.00-BAIL OF THE ACCUSED

TO P 100,000.00

ACCUSED, through undersigned counsel, unto this Honorable Court, most

respectfully asks this Honorable Court for the reduction of the recommended P 200,000.00
- bail to P 100,000.00 based on the following constitutional grounds.

Section 13, Bill of Rights

Sec. 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall before conviction be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. The right to bail shall
not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required. (Sec. 13, Art. IV of the 1987 Constitution of the
Phils.)

It is the constitutional right of a person placed under arrest, detention or restraint by

the officers of the law, whether or not a formal complaint or information has already been
filed against him for any crime, to be released on bail before conviction. (Sec. 4, Rule 114,
Revised Rules on Criminal Procedure; Teehankee vs. Revira, 75 Phil. 635)

P 200,000.00 - bail is Excessive; Accused is

Jobless and Poor who was maliciously
accused for the crime

But the recommended bail is P 200,000.00; it is excessive. In effect, it is, as far as

accused is concerned, not only a refusal to the right to bail; it renders nugatory the
constitutional right to bail. (De La Camara vs. Enage, 141 SCRA 1). The accused is
jobless, poor and no source of income to afford the said bail recommended.

Bail: Matter of Discretion

The alleged incident was not true. Such accusation is false and plus the fact of
arrest and search was illegal. The fact that the accused was arrested without warrant during
the incident in question and as a result the arrest and even the search and seizure of the
items subject of the crime are illegal. The fact that the arrest was in flagrante delicto or in
plain view was doubtful also considering the irregularities of the story.

Then this constitutional right to bail is implemented explicitly by the Revised Rules
on Criminal Procedure, and this Honorable Court has discretion to reduce bail which in her
judgment is excessive on the account of the circumstances of the case and the evidence for
the prosecution on the other.
 IN THE LIGHT OF THE FOREGOING, the accused pray of this Honorable Court
an order reducing the P 200,000.00 - recommended bail for his temporary liberty to P
100,000.00 in the interest of the proper administration of justice.

Respectfully submitted.

VINCENT
Counsel for the Accused

NOTICE OF HEARING