Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 37
Mabini, Compostela Valley

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Crim Case No. 339-2018
-versus-
For : MURDER

BRYAN PENARANDA GENON

Accused.
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PETITION FOR BAIL

The ACCUSED, by and through the undersigned counsel and

unto this Honorable Court, most respectfully avers that:

1. That accused is currently detained at the Compostela

Valley Provincial Jail, Tagum City, Davao Del Norte for the charge of
Murder and has been behind bars since his arrest on June 27, 2019;

2. That no bail has been recommended for his temporary

release on the assumption that the evidence of guilt is strong;

3. That the prosecution's evidence of guilt against accused

however, is weak as the testimonies of the alleged witnesses were
wholly concocted by the Police Investigator, presumably in order to
immediately solve a crime which transpired within the Police Station’s
jurisdiction. The affidavit-complaint of the supposed wife was already
prepared when she signed it. It was made without consulting the
witness whether the identity of the accused Bryan Genon was indeed
the same with that of the person who shot the victim to death. Instead
of bringing the witness to the hospital so she can personally see and
validate to herself the physical attributes of the accused as compared
with that of the actual perpetrator, what the police investigator did was
to show only the pictures of the accused BRYAN GENON;

4. No wonder, when the witness-spouse went to the

Provincial Jail where the accused is temporarily detained, for the first
time was able to see the accused in person, she must have realized
that the police committed a grave mistake. She was heard to have
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muttered silently saying “Dili man na mao” meaning “the accused was
not perpetrator”. (This fact was overheard by an inmate by the
name of ESCANDOR whose testimonies may be compelled with
the court issuing a subpoena ad testificandum) ;

5. On the part of the apprehending officer, PO1 Manginsay

who claimed to have shot the fleeing culprit at his right leg, his
testimonies were full of inconsistencies. For (1), he claimed that he
shot the perpetrator while they were exchanging fire with each other. If
that would be so, then the point of entry of the gunshot should have
been at the front-leg exiting at the back-leg. But this is negated by the
Medico-Legal Certificate where the findings/diagnosis was
“GUNSHOT WOUND POINT OF ENTRY POSTERIOR THIGH RIGHT
(back-leg), POINT OF EXIT MEDIAL THIGH RIGHT (front-leg)”.
(Attached is the Medico-Legal Certificate as Annex “A“);

6. (2), PO1 Maginsay said that he used 5.56 cal. Or Armalite

when he shot the perpetrator, but the gunshot of the accused speaks
otherwise. If it were a gunshot of a 5.56 caliber, then the wound which
the accused suffered would have been devastating; the slug would
have pierced through the bone, breaking the bone in the process; and
its direction must have been parallel to the shooter. Unlike with the
gunshot the accused suffered, the point of entry and exit are both tiny
signifying that it came from low-powered firearm, it only required 14
days for the accused to recover as cited in the Medico-Legal
Certificate; the direction of the gunshot was slanting, it entered at the
back-leg (lower portion) and exited at the front-leg (upper portion);

7. Surprisingly, while confined at the Regional Hospital, the

police investigator caused the accused to undergo a PARAFFIN TEST
but for unknown reason, the result of said test was not mentioned in
their complaint. They just immediately concluded that accused BRYAN
GENON is really the perpetrator of the killing of OMAR MACUSANG.
(Attached is the Referral Slip of the Davao Oriental Medical Center
as Annex “B”);

8. The police investigator even did not give consideration on

the fact that BRYAN GENON was only referred by the Davao Oriental
Provincial Hospital who first attended the accused. If he was the real
culprit of the killing of OMAR MACUSANG, he should have not allowed
himself to be brought to Regional Hospital in Tagum City, Davao Del
Norte since obviously elements of MACO Police Station would
certainly find him there. He could have asked to be brought in any
hospital except Regional Hospital as the same is very near with the
scene of the crime;
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9. The police investigator also did not give merit on the

investigation conducted by the San Isidro Police Station who has
knowledge on the shooting of accused BRYAN GENON. In fact, the
said station even filed a criminal case for Multiple Murder and
Frustrated Murder before the Davao Oriental Provincial Prosecution
Office which eventually resolved to file the same with the Regional Trial
Court of Lupon, Davao Oriental. (Attached is the indorsement by the
San Isidro Municipal Police Station to Davao Oriental Provincial
Prosectution Office as Annex “C”);

10. That aside from the testimonies of the witnesses, there is

no other physical or documentary evidence to show that accused is
guilty of the crime charged;

11. That the burden of showing that evidence of guilt is strong

is on the prosecution, and since this fact is not satisfactorily shown,
accused is entitled to bail as a matter of right during the pendency of
the criminal case.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed that the formal entry of appearance of the undersigned counsel
for the Accused be noted and that upon prior notice and hearing,
accused BRYAN P, GENON be allowed to post bail for his temporary
liberty pending trial of the criminal charge against him.
Other reliefs that are just and equitable are also likewise prayed
for.
RESPECTFULLY SUBMITTED.
Maragusan, (for Mabini), Compostela Valley, January 30, 2019.

COSTELO & NALZARO-COSTELO LAW OFFICE

Counsel for the Accused
171 Agoho St., Poblacion, Maragusan, ComVal

By:

ATTY. ARNOLD C. COSTELO

ROLL No. 56140
MCLE Compliance No. V-0027223- April 14, 2019
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NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 57
Mabini, Compostela Valley

Greetings!

Please submit the foregoing motion to the Honorable Court for its
favorable consideration and approval on February 1, 2019 at 8:30 in the
morning or at any time most convenient to the court.

ATTY. ARNOLD C. COSTELO

Copy furnished:

PROVINCIAL PROSECUTION OFFICE

COMPOSTELA VALLEY
Nabunturan, Compostela Valley

EXPLANATION OF SERVICE

Copy of the Motion for Reconsideration was served to Prosecution Office

by registered mail due to time and distance constraints, and for lack of the
undersigned’s staff who can serve the same in person.