Republic of the Philippines

REGIONAL TRIAL COURT

12th Judicial Region
Branch 4, Iligan City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 12345
- versus - for Frustrated Murder

DELAILAH DAYANGYANG,
Accused.

x - - - - - - - - - - - - - - - - - - - - -x

RESPONSE FOR THE MOTION FOR BAIL

This Honorable Court, upon hearing the said petition, GRANTS the motion filed
by the herein accused on the following grounds:

1. In accordance with the Revised Rules on Criminal Procedure, this Court evaluated
the records of the case and the same is convinced and satisfied that the evidence of
the prosecution showed that the accused was maliciously implicated in the case
through the sworn statements of MATT STONE and ART LASPERAS who
subsequently recanted their testimonies and confessed, among others, that they
were made to sign the Affidavits of Witnesses against their will (Affidavits of
Recantation as Annexes A and B of the prosecution);

2. For there were neither eye-witnesses nor documentary evidence was presented by
the prosecution, evidence of guilt was not satisfactorily shown thus, the accused is
entitled to bail;

3. Since the crime charged against the accused is frustrated murder with a penalty of
prision mayor, as minimum, to reclusion temporal, as maximum (Pp v Antonio
Baldomar y Liscano, G.R. No. 197043), the herein accused is entitled for bail as a
matter of right as provided in Section 4 of Rule 114 all persons in custody shall be
 admitted to bail as a matter of right, with sufficient sureties, or released on
recognizance as prescribed by law or this Rule x x x (b) before conviction by the
Regional Trial court of an offense not punishable by death, reclusion perpetua, or
life imprisonment;

4. It must be noted that that in theory, the function of bail is to ensure the appearance
of the accused at the time set for the arraignment and trial and in practice, bail
serves the further purpose of preventing the release of an accused who may be
dangerous to society or whom this court may not want to release;

5. That the herein accused must comply with the conditions of the bail as enumerated
in Section 2 of Rule 114, to wit:

(a) The undertaking shall be effective upon approval, and unless

cancelled, shall remain in force at all stages of the case until
promulgation of the judgment of the Regional Trial Court,
irrespective of whether the case was originally filed in or appealed to
it;

(b) The accused shall appear before the proper court whenever
required by the court of these Rules;

(c) The failure of the accused to appear at the trial without

justification and despite due notice shall be deemed a waiver of his
right to be present thereat. In such case, the trial may proceed in
absentia; and

(d) The bondsman shall surrender the accused to the court for
execution of the final judgment.

The original papers shall state the full name and address of the
accused, the amount of the undertaking and the conditions required
by this section. Photographs (passport size) taken within the last six
(6) months showing the face, left and right profiles of the accused
must be attached to the bail.

6. Based on the guidelines set under Section 9 of Rule 114, this Court fixed the
amount of PhP 20,000.00 for bail.
 WHEREFORE, upon prior notice and hearing, this Court, in the exercise of its
sound discretion, allowed the accused DELAILAH DAYANGYANG to post bail for her
temporary liberty pending trial of the criminal charge of frustrated murder against her in
Criminal Case No. 12345.

SO ORDERED.
.

JUDGE CHARMAGNE P. INCIO

Presiding Judge