REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH 123
MUNTINLUPA CITY

THE PEOPLE OF THE

PHILIPPINES,
Plaintiff, CRIM CASE
No.________

-versus- -for-

VIOLATION OF
ARTICLE II
SECTION 11 OF
REPUBLIC
ANTON GABITO y GABON ACT 9165
(Comprehensive
Accused. Dangerous Drugs Act
of 2002)

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

PETITION FOR BAIL

Accused ANTON GABITO y GABON by counsel, most

respectfully petition the Honorable Court to grant him bail,
upon these considerations:

1. Accused ANTON GABITO y GABON is charged of

Violation of Article II, Section 11 of Republic Act 9165
(Comprehensive Dangerous Drugs Act of 2002) in an
Information, dated March 28, 2018 and no bail was
recommended for their provisional liberty.

2. Accused ANTON GABITO y GABON was arrested by

PO1 MIGUEL DELA CRUZ and PO1 ARNOLD MARCELINO
without warrant on March 7, 2018 despite the fact that the
accused was merely seated on a trycycle and without
committing any acts that would arise suspicion on the part of
the arresting officers to legally effect a warrantless arrest.
3. Section 5. Arrest without warrant; when lawful. — A
peace officer or a private person may, without a warrant,
arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense;
(b) When an offense has just been
committed, and he has probable cause to believe
based on personal knowledge of facts or
circumstances that the person to be arrested has
committed it; and
(c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving final
judgment or is temporarily confined while his
case is pending, or has escaped while being
transferred from one confinement to another.”

4. It is submitted that since neither of the

abovementioned instances were attendant in the warrantless
arrest of the Accused, the arrest effected by the arresting
officers, therefore, are illegal and invalid.

5. The Rules of Court, Rule 126, Section 13, allows a

warrantless search, provided it is incident to a lawful arrest.
The law provides:
“"A person lawfully arrested maybe searched for
dangerous weapons or anything which may have been used
or constitute proof in the commission of an offense without a
search warrant."
 6. It must be noted that since there is no valid
warrantless arrest, the incidental warrantless search is
likewise invalid and any articles confiscated thereto may not
be used as evidence against the accused as the same
constitutes as “fruit of the poisonous tree”.

7. It is here that the Accused wishes to seek the wisdom

of the honorable court in granting his povisional release
based from the fact that the evidence presented by the
prosecution against the accused is not strong. Section 13,
Article 3 of the 1987 Constitution provides that:
“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.”

8. The only evidence linking accused ANTON GABITO is

the fact that the arresting officers allegedly found a plastic
sachet in the trycycle of the accused and since the same
should be inadmissible as evidence as there was an invalid
warrantless search, the evidence of the prosecution is
therefore not strong enough to continue to hold the accused
in custody.

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court to grant herein
accused-movant ANTON GABITO bail for his provisional
liberty and to fix the same in an amount in cash or surety as
it may deemed suffient.

Batangas City for Rosario, Batangas, April 11, 2018.

RESPECTFULLY SUBMITTED:

LAPUZ AND ASSOCIATES

LAW OFFICES
Counsel for Accused Anton Gabito
1st Flr. N. Sangalang Bldg.
C. Tirona St., Muntinlupa City

By:

JESUS ROS LAPUZ, JR.

Roll No. 43030
IBP No. 873272 Dec 28, 2012
PTR No. 1833670 Jan. 2, 2013 Muntinlupa City
MCLE Exemption No. III-000657
December 16, 2019

The Branch Clerk of Court

Regional Trial Court
Branch 123

Pros. Peter A. Beloso

Office of the Provincial Prosecutor
Muntinlupa

GREETINGS:

Please be notified that the foregoing Petition for Bail will

be submitted by the undersigned on April 11, 2018 at 2:00
o’clock in the afternoon, or as soon thereafter as counsel and
matter may be heard.

April 7, 2018.

JESUS ROS LAPUZ,JR.

Copy furnished:

Pros. KATRINA DIPLOMA

Office of the Provincial Prosecutor
Muntinlupa