Republic of the Philippines

REGIONAL TRIAL COURT

Seventh Judicial Region
Branch 5
Cebu City

LUKE DIEDER, Civil Case No. _____

Plaintiff, For: Collection of Sum of Moneys

-versus-

SURIGAO ISLAND SALES

CORPORATION,
Defendant.
x------------------------///

COMPLAINT

PLAINTIFF, by counsel, unto this Honorable Court, respectfully states

that:

The Parties

1. Plaintiff is an American citizen, of legal age, and resident of 1016

Condominium, Luzon Avenue, Cebu Business Park, Cebu City;
2. Defendant is corporation registered in the Philippines with
principal address at Hinatuan, Surigao del Sur where summons and
other court processes may be served.

The Facts

3. He was validly arraigned within the period prescribed by the rules

and detained since the filing of the case in court on August 14, 2016
due to failure to post bail in the amount P3,000.00;
4. Sec. 5 of RA 10389, otherwise known as “The Recognizance Act of
2012” in consonance with the right of release on recognizance
guaranteed by the Constitution, provides that the release on
recognizance of a person in custody or detention is a matter of right
MOTION FOR RELEASE ON OWN RECOGNIZANCE 2 of 4
CRIMINAL CASE NO. 12345

when the offense is not punishable by death, and reclusion perpetua

or life imprisonment;
5. The law continues that the accused shall file the application for such
release on his own recognizance before conviction by the Regional
Trial Court;
6. Provided further, that a person in custody for a period equal to or
more than the minimum of the principal penalty prescribed for the
offense charged, without the application of the Indeterminate
Sentence Law, or any modifying circumstance, shall be released on
his own recognizance;
7. The accused in the case at bar has been detained for the crime of
Perjury under Article 183 of the Revised Penal Code which carries
the penalty of arresto mayor in its maximum period and prision
correccional in its minimum period;
8. Having been detained for a period of one (1) year, herein accused
has already served the minimum of the imposable penalty (four (4)
months and one (1) day);
9. As of today, August 14, 2017, the accused has not yet been
convicted by the Regional Trial Court having jurisdiction;
10.The case is still in the stage of the presentation of the second witness
for the prosecution;
11. Attached hereto is a sworn declaration by the accused of his
indigency or incapacity to post a cash bail or proffer any personal or
real property acceptable as sufficient sureties for a bail bond;
12. Also attached is a certification issued by the Head of Social Welfare
and Development of Cebu City attesting to the fact that the accused
is indigent.
13.The accused also affirms and profess the following matters:
a. That the accused is not a recidivist, quasi-recidivist, habitual
delinquent, or has committed a crime aggravated by the
circumstance of reiteration;
b. That the accused has not 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;
c. That the accused has not previously committed a crime while
in probation, parole or under conditional pardon;
d. That the accused or nature of the facts surrounding his case
indicate the probability of flight if released on recognizance;
e. That there is no great risk that the accused will commit
another crime during the pendency of the case;
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CRIMINAL CASE NO. 12345

f. That the accused will not commit any act in violation of the
terms of his release on his own recognizance; and
g. That the accused has no pending criminal case which has the
same or higher penalty to the crime of Perjury;
14. Lastly, the accused will duly appear on trial whenever requested by
the court.

Prayer

Wherefore, premises considered, it is respectfully prayed that the

Honorable Court GRANT this motion, and consequently, RELEASE accused
Juan de la Cruz on his own recognizance.

Other reliefs just and equitable under the premises are likewise prayed
for.

Cebu City, Philippines, 29 August 2017.

POWAO, YANOYAN & YBANEZ LAW

OFFICE
Counsels for Accused Juan de la Cruz
USC Law Building
P. Del Rosario St., Cebu City
Email: info@pyylawoffice.com
Tel No.: (032) 254 1434

By:

JAYFORD POWAO
Roll No. _____
PTR No. _____/Jan 30, 2017/Cebu City
IBP No. _____/Jan 30, 2017/Cebu City
MCLE Compliance No. _____
(issued on Feb 15, 2017)

JUNA MAY YANOYAN

Roll No. _____
PTR No. _____/Jan 30, 2017/Cebu City
IBP No. _____/Jan 30, 2017/Cebu City
MCLE Compliance No. _____
(issued on Feb 15, 2017)
MOTION FOR RELEASE ON OWN RECOGNIZANCE 4 of 4
CRIMINAL CASE NO. 12345

MA. CHRISYL YBANEZ

Roll No. _____
PTR No. _____/Jan 30, 2017/Cebu City
IBP No. _____/Jan 30, 2017/ Cebu City
MCLE Compliance No. _____
(issued on Feb 15, 2017)

NOTICE OF HEARING

Atty. _____________
Counsel for the People
City Prosecution Office
Cebu City

Greetings! Please take notice that the undersigned is submitting the foregoing
motion for the consideration of the Honorable Court on Monday, 4 September
2017 at 8:30 in the morning.

JAYFORD POWAO
Counsel for the Accused