REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
Branch 2000 , Cebu City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

M CEB 99 12345 CR
- versus - FOR: PERJURY

JUAN DE LA CRUZ
Accused.
x---------------------

MOTION FOR RELEASE ON OWN RECOGNIZANCE

ACCUSED, by counsel, and unto this Honorable Court,

respectfully files this motion for the release on own recognizance
based on the following ground:

STATEMENT OF FACTS

1. That the accused was charged of Perjury under Article 183

of the Revised Penal Code, which provides as follows:

ARTICLE 183. False Testimony in Other Cases

and Perjury in Solemn Armation. The
penalty of arresto mayor in its maximum
period to prisin correccional in its minimum
period shall be imposed upon any person
who, knowingly making untruthful statements
and not being included in the provisions of the
next preceding articles, shall testify under
oath, or make an adavit, upon any material
matter before a competent person authorized
to administer an oath in cases in which the
law so requires.

Any person who, in case of a solemn

armation made in lieu of an oath, shall
 commit any of the falsehoods mentioned in
this and the three preceding articles of this
section, shall suffer the respective penalties
provided therein.;

2. That the accused was detained since the filing of the case in
court on 14 August 2017;

3. That the accused was unable to post bail in the amount of

three thousand pesos (3,000.00).

4. That the accused having been detained for a period of one

(1) year has already served the minimum imposable penalty
of a period of 6 months and one day.

Arguments and Discussion

5. That under Sec. 5. of A.M. No. 12-11-2-SC, the accused

who has been detained for a period at least equal to the
minimum of the penalty for the offense charged against him
shall be ordered released, motu proprio or on motion and
after notice and hearing, on his own recognizance without
prejudice to the continuation of the proceedings against him.
[Sec. 16, Rule 114 of the Rules of Court and Sec. 5 (b) of
R.A. 10389].

Accused is charged with Perjury under the Revised Penal

Code. The maximum penal imposable for Perjury is arresto
mayor in its maximum period to prisin correccional in its
minimum period.

A perusal of the records would readily show that having

been detained for one (1) year, accused has served the
minimum of the imposable penalty.

Further, the accused is not meted with the penalty of death,

reclusion perpetua or life imprisonment.

In line with the foregoing, accused is entitled to be released

on recognizance as a matter of right.

The requirements under

Section 6 of RA 10389 is here
in satisfied
 6. That the ACCUSED should be released on the basis that the
pertinent requirements provided for under Section 6 of RA
10389 have been complied with, to wit:

6.1. Copies of the Sworn Declaration by the accused of

his indigence, herein attached as Annex A.

6.2. Certification issued by the Head of the Social

Welfare and Development Office of Cebu City, herein
attached as Annex B.

6.3. Moreover, the requirement that a person in custody

has been arraigned has already been complied with. This
is evidenced by the fact that trial has ensued and that
the prosecution is already for the presentation of its
second witness; Copy of the Certificate of Arraignment is
attached herein as Annex C.

Having satisfied the necessary requirements, the accused

asserts that he be released.

Accused not having any

disqualifications under
Section 7 of RA 10389.

7. That the accused does not possess any disqualification

under Section 7 of RA 10389, to wit:

Section 7. Disqualifications for Release on

Recognizance. Any of the following
circumstances shall be a valid ground for the
court to disqualify an accused from availing of
the benefits provided herein:

(a) The accused had made untruthful

statements in his/her sworn affidavit
prescribed under Section 5(a);

(b) The accused is a recidivist, quasi-

recidivist, habitual delinquent, or has
committed a crime aggravated by the
circumstance of reiteration;

(c) The accused had been found to have

previously escaped from legal confinement,
 evaded sentence or has violated the
conditions of bail or release on recognizance
without valid justification;

(d) The accused had previously committed a

crime while on probation, parole or under
conditional pardon;

(e) The personal circumstances of the

accused or nature of the facts surrounding
his/her case indicate the probability of flight if
released on recognizance;

(f) There is a great risk that the accused may

commit another crime during the pendency of
the case; and

(g) The accused has a pending criminal case

which has the same or higher penalty to the
new crime he/she is being accused of.

In this case, the records show that the accused does not
possess any of the abovementioned disqualifications.

Hence, the accused having possessed none of the

qualifications, he shall accordingly be entitled to a grant of an order
of release as a matter of right.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

unto this Honorable Court that the herein accused be released on his
own recognizance pending the trial of the instant case.

Other just and equitable remedies are likewise prayed for.

Respectfully submitted.

Cebu City, Philippines, 29 August 2017.

BATUCAN, CARREON & JORRE OFFICES

Counsel for the Accused
Don Mariano Cui Street, Fuente Osmea, Cebu City
 Tel. Nos. (632) 222-3333/3334
Fax No. (632) 333-5556
Email add: nattejorre@yahoo.com

By:

NATHANIEL JORRE
IBP No. 2006699 5 Jan. 2016 - Cebu Chapter
PTR No. 30175654 5 Jan. 2200 Cebu
Roll No. 00001
MCLE Compliance No. V
0008290 4 May 2015