7.

MOTION FOR BAIL

A. Description
The CAPTION is that part of the pleading, which sets forth:
a. the name of the court
b. the title of the action
c. the docket number, if assigned (Sec. 1, par. 1, Rule 7, ROC).
The TITLE indicates the names of the parties, who shall be named in the
original complaint or petition. However, in subsequent pleadings, it shall be
sufficient if the name of the 1st party on each side be stated with an appropriate
indication when there are other parties. Their respective participation in the
case shall be indicated (Sec. 1, par. 2 &3, Rule 7, ROC).
Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court
as required under the conditions hereinafter specified. Bail may be given in the
form of corporate surety, property bond, cash deposit, or recognizance (Rule
114 of Rules of Court)
Bail is either a matter of right or of discretion; Upon custody and prior to
conviction, it is a MATTER OF RIGHT when the offense charged is not
punishable by death, life imprisonment or reclusion perpetua. However, upon
conviction by the RTC of an offense not punishable by death, life imprisonment,
or reclusion perpetua, bail becomes a MATTER OF DISCRETION
B. Sample Form
[Court]
[Region]
[COURT]
[City], [Branch No.]
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00567
- versus -

For: Murder

NAKA PIIT,
Accused.
x ------------------------------------------ x

MOTION FOR BAIL

THE ACCUSED, by counsel, respectfully moves to be allowed bail on the
ground that the [3] prosecutions evidence of his guilt is not strong. In support,
he respectfully submits the following:
1. The Information alleges that he raped the private complainant on 25
December 2005 at his residence in Quezon City. The prosecutions own
evidence, however, belies this allegation as: (a) the medical certificate (attached
as ANNEX A to the Information) states that private complainant is in a virgin
state with no physical and outward signs of trauma; (b) the medical certificate
issued by the NBI doctor (attached as ANNEX B to the Information) after a
physical examination of the accused, two (2) days after the alleged rape, shows
that he is suffering from erectile dysfunction and has been so afflicted for close
to five (5) years now and (c) the sworn statements of the private complainant
conflict with and contradict each other such that her credibility must be placed
in doubt.
2. For these reasons, there is no basis to conclude that the accused
raped the private complainant as there is less than circumstantial evidence of
this fact. 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.
Quezon City; 7 July 2007.

(Sgd.)KA DEREE
Counsel for the Accused
[Address]

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT

[COURT] ____________
[BRANCH] ____________, [CITY] __________________

Please submit the foregoing Motion to the Court for its consideration and
approval immediately upon receipt hereof and kindly include the same in the
courts calendar for hearing on Friday, [DATE] at [TIME] in the
[MORNING/AFTERNOON].

[NAME] _____________________
[ADDRESS] _____________________________

Please take notice that counsel has requested to be heard on Friday,

[DATE] at [TIME] in the [MORNING/AFTERNOON].

[SIGNATURE]
[NAME] _________
Counsel for Plaintiff
[ADDRESS] ___________________

Copy furnished through personal service:

[NAME OF COUNSEL] __________________

Counsel for the Defendant

[FIRM NAME] _______________

[ADDRESS] ________________

8. PETITION FOR REVIEW (to DOJ)

A. Description
The caption is the heading on all pleadings submitted to the court. It sets
forth the name of the court, the name of the parties, the title of the action and
the docket number if acquired.
Title is the name of the action which is Petition for Review
The Petition shall state the following: (a) The names and addresses of the
parties; (b)The Investigation Slip number (I.S. No.) and criminal case number, if
any, and title of the case, including the offense charged in the complaint; (c) The
venue of the preliminary investigation; (d) The specific material dates showing
that it was filed on time; (e) A clear and concise statement of the facts, the
assignment of errors, and the reasons or arguments relied upon for the
allowance of the appeal; and (f) Proof of service of a copy of the petition to the
adverse party and the Prosecution Office concerned.
The Secretary may reverse, affirm or modify the appealed resolution. He
may, motu proprio or upon motion, dismiss the petition for review on any of
the following grounds:
a. That the petition was filed beyond the period prescribed in Section 3
hereof;

b. That the procedure or any of the requirements herein provided has not
been complied with;
c. That there is no showing of any reversible error;
d. That the appealed resolution is interlocutory in nature, except when it
suspends the proceedings based on the alleged existence of a prejudicial
question;
taken;

e. That the accused had already been arraigned when the appeal was
f. That the offense has already prescribed; and
g. That other legal or factual grounds exist to warrant a dismissal.

B. Sample Form
Republic of the Philippines
SECRETARY OF JUSTICE
Manila
[Name],
Complainant-Appellant,
-versus[Name],
Respondents-Appellant
xx----------------------------------------------------xx
PETITION FOR REVIEW

I.S. NO. ____

PETITIONER, by counsel and to this Honorable Secretary of Justice,

alleges:
1. Petitioner is of legal age and with residence at ____[Address]_____. He
is the complainant (or respondent) in I.S. No.____, entitled __[title of case]_ for
the crime of ___[crime]_____, which petitioner filed against respondent with the
Office of the City Prosecutor of Pasay City.
2. Respondent is of legal age and with residence or address at
___[Address]___, where he may be served with legal processes.
3. On __[Date]__, the City Prosecutor issued a resolution in said I.S.
No.______, finding probable cause as against __[Name]__, but dismissing the
complaint as against herein respondent for alleged lack of probably cause.
4. Petitioner received said resolution, certified true copy of which is
attached as Annex A, on ___[Date]___, and within 10 days therefrom, petitioner
filed a motion for reconsideration, praying that _______[Respondent Name]_____
be included in the information, notwithstanding which the city prosecutor
denied the same, certified true copy of which resolution denying the motion for
reconsideration is attached hereto as Annex B.
5. The facts of the case as disclosed by evidence presented to prosecutor
consisted of the following:
[Narration of facts]
6. The instant petition for review is filed within 15 days from receipt of
said denial Annex B hereof.
7. Attached hereto and in further support of the petition for review are
legible true copies the complaint, affidavits/sworn statements and other
evidence submitted by the parties during the preliminary investigation, which
are marked as Annexes C, C-1, C-2, etc.
GROUNDS FOR ALLOWANCE OF PETITION
8. The city prosecutor erred in dismissing the complaint against
____[Respondent Name]_____ ___ and not including him in the information, the
charge being for ____ [crime charged] _____ and alleging conspiracy, for the
following grounds:

a. The City Fiscal gravely erred in not finding that the evidence
of complainant more than shows probably cause against the
respondent; and
b. The City Fiscal gravely erred in applying the applicable law
on the matter; and
c. The errors committed by the City Prosecutor call for
correction and for the indictment of respondent
_____[Name]_______.

DISCUSSION
Discuss the grounds in detail in light of evidence submitted and the
applicable law.
WHEREFORE, petitioner prays that the questioned resolution Annexes
A and B be partly set aside and nullified insofar as it excluded herein
respondent from the information, and that the City Prosecutor of _________ City
be directed to include in the information respondent ___[Name]____, within ten
(10) days from notice.
Executed this _____ day of ________, 20__, at ___ [Place]___.

[SIGNATURE]
VERIFICATION
I, _____ [Name]_______, of legal age and with residence at
______[Adress]______, after having been duly sworn, depose and say:
1.That I am the petitioner in the above entitled petition.
2. That I have caused the preparation by my counsel of said petition
3. That I have read the allegations therein contained, and that the
same are true and correct of my personal knowledge or based on
authentic records.

Witness my hand this ______day of __________ 20____ at ___________City,

Philippines.
[Signature]
[Full name]
Affiant
PLUS JURAT

Bibliography:
https://web.mylegalwhiz.com/legalforms/file/175
https://web.mylegalwhiz.com/legalforms/file/82
Rule 126, Rules on Criminal Procedure of Revised Rules of Court.
Section 3, Article III of 1987 Constitution