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Republic of the Philippines

th
10 MUNICIPAL CIRCUIT TRIAL COURT
San Francisco – San Andres
San Francisco, Quezon

PEOPLE OF THE PHILIPPINES,


Plaintiff, Criminal Case No. 7532
For: Reckless Imprudence
-versus-
Resulting in Damage to
BERNIE JUSTO y BALACUIT, Properties
Accused.
x---------------------------------------------x

MOTION TO ALLOW THE RELEASE OF THE ACCUSED


FROM DETENTION

Accused-movant, represented by the PUBLIC ATTORNEY’S OFFICE, to this


Honorable Court, most respectfully avers that:

1. The Accused was charged of the crime of Reckless Imprudence Resulting in


Damage to Properties in Criminal Case No. 7532 before this Honorable Court;

2. The said criminal case is still pending before this Honorable Court as the same
is still for the presentation of prosecution’s witness;

3. The crime charged against the Accused is punishable by fine only and no
imprisonment, thus Article 365 paragraph 3 provides:

“when the execution of the act covered by this article shall


have only resulted in damage to the property of another, the offender
shall be punished by a fine ranging from an amount equal to the
value of said damages to three times such value, but which shall in
no case be less than twenty-five pesos”.

4. The Supreme Court is steadfast in its decisions that if the act resulted to
damage to property, the offender is punishable only by fine, accordingly, it
upheld the contention of the petitioners in Marikina  Auto Line Transport
Corporation and Freddie Suelto vs. People of The   Philippines, G.R. No.
152040, March 31, 2006:

We also agree with petitioner Sueltos contention that the trial


court erred in sentencing him to suffer a straight penalty of one (1)
year.  This is so because under the third paragraph of Article 365 of
the Revised Penal Code, the offender must be sentenced to pay a
fine when the execution of the act shall have only resulted in damage
to property.

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5. The Supreme Court in the case of Isabelita Reodica vs.  Court of Appeals,
and People of the Philippines, by implication is equally applicable thus:

As to reckless imprudence resulting in damage to


property in the amount of P8,542.00, the third paragraph of Article
365, which provides for the penalty of fine, does not apply since the
reckless imprudence in this case did not result in damage to
property only.

6. To continuously detained the accused for such crime punishable only by fine
amount to serious violation of his constitutional right to due process guaranteed
under Article III Section 1, particularly his right to liberty, which is the right to
exist and the right to be free from arbitrary restraint;

7. Finally, his continued detention would be in violation of the prohibition of the


imposition of excessive penalty under Article III, Section 19 (I) of the 1987
Constitution. The law only imposes a penalty of fine for his crime yet he
suffered the grueling imprisonment. Such penalty is not commensurate to the
acts committed, flagrantly and plainly oppressive and wholly disproportionate to
the nature of the offense and shocking to the moral sense for what is strip of
him is his life and liberty as opposed to his crime which involves only taking of
property. Life and liberty can never be equated to property;

8. In this case, the Accused has been detained for more than one hundred (100)
days for a crime punishable by fine only;

9. The accused is now praying to this Honorable Court that he be released from
detention based on the foregoing grounds.

WHEREFORE, premises considered, it is most respectfully prayed upon this


Honorable Court that the Accused be allowed to be released from detention at BJMP,
San Andres, Quezon.

Other reliefs just and equitable are likewise prayed for.

Gumaca, Quezon. This 8th day of August, 2018.

Counsel for the Accused:

PUBLIC ATTORNEY’S OFFICE


GUMACA DISTRICT OFFICE
Brgy. Bagong Buhay,
Gumaca, Quezon
Tel/Fax no. (042) 717 7741

JONALYN V. MARAÑA-MANUEL
Public Attorney III, OIC

By:

SANTIAGO U. WACAS JR.


Public Attorney I

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NOTICE

Clerk of Court
MCTC San Fancisco-San Andres
San Francisco, Quezon

Greetings!

Please take notice that the undersigned will submit the foregoing Motion to Hon. GRANDIS
REM T. MANALABE, Presiding Judge of this Honorable Court, for his consideration
immediately upon receipt hereof, without further arguments.

SANTIAGO U. WACAS JR.


Public Attorney I

Copy furnished:

Fiscal Jeremy Montalbo


Office of the Provincial Prosecutor
Lucena City

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