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Motion To Conduct Hearing (Ok)

1) The accused, Mike G. Santos, through counsel, files a motion for petition of bail through video conference while detained in Iloilo Provincial Jail for the charge of rape. 2) The motion argues that based on two Supreme Court issuances, hearings can be conducted through video conference with a proper motion. 3) It further argues that the evidence against the accused is weak, there is no direct evidence he committed the crime, and the prosecution has not satisfactorily shown that evidence of his guilt is strong. Therefore, the accused is entitled to bail as a matter of right.

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Reynald Lentija Torres
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103 views

Motion To Conduct Hearing (Ok)

1) The accused, Mike G. Santos, through counsel, files a motion for petition of bail through video conference while detained in Iloilo Provincial Jail for the charge of rape. 2) The motion argues that based on two Supreme Court issuances, hearings can be conducted through video conference with a proper motion. 3) It further argues that the evidence against the accused is weak, there is no direct evidence he committed the crime, and the prosecution has not satisfactorily shown that evidence of his guilt is strong. Therefore, the accused is entitled to bail as a matter of right.

Uploaded by

Reynald Lentija Torres
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


City of Iloilo
Branch 05

The People of the Philippines,


Complainant

-Versus- Civil Case No. 1234


For: Rape

Mike G. Santos
Accused

X-------------------------------X

MOTION FOR PETITION OF BAIL


THROUGH VIDEO CONFERENCE

The above-named accused, represented through the undersigned counsel, and


respectfully files this petition by saying THAT:

1. On 29 May 2020, Chief Justice Diosdado M. Peralta issued Administrative


Circular No. 41-2020 (Re: Court Operations Beginning 1 June 2020) which
states, among others, that the hearings of cases, regardless of the stage
of the trial, shall all be in-court, except in cases involving Persons Deprived
of Liberty (PDLs) who shall continue to appear remotely from the
detention facility, and in cases with extraordinary circumstances as may be
determined by the justices and judges, which shall be heard through
videoconferencing.

2. Subsequently, the Supreme Court Public Information Office released an


Announcement dated 31 May 2020 in which it said that courts in areas
under general community quarantine may hold hearings in criminal and
civil cases through videoconferencing provided that a proper motion is
filed: “Videoconferencing hearings will continue during GCQ. This is
authorized by both AC 40-2020 and AC 41-2020 which were issued by
Chief Justice Diosdado M. Peralta. Hence, for example, if a party wishes
his/her case to be heard via videoconferencing, the proper motion just
needs to be filed, and the court, using its sound discretion, can either
grant or deny the motion. This remedy is available in both civil and
criminal cases.”

3. The accuse is currently detained at Iloilo Provincial Jail for the charge of
Rape and has been behind bars since his arrest on July o1, 2021;

4. No bail has been recommended for his temporary release on the


assumption that the evidence of guilt is strong;

5. The prosecution's evidence of guilt against accused,


however, is weak as there is no direct evidence that will
point to the accused to have committed the charges against
him.

6. The records will show that accused was malicious implicated


in the case through the information filed by CITY
PROSECUTOR CHERYL CANONASO. A copy of the said
information is herein attached as Annex “A” and the same is
made an integral part of this petition;

7. There is no other genuine physical or documentary evidence


to show that accused is guilty of the crimecharged;

8. 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, upon prior notice and hearing, it is most
respectfully prayed of this Honorable Court that MIKE G.
SANTOS be allowed to post bail for his temporary liberty pending
trial of the criminal charge against him.
  
       Other just and equitable reliefs are likewise prayed for.
RESPECTFULLY SUBMITTED, this 8thth day of July 2021, Iloilo
City, Philippines.

Reynald L. Torres,
Counsel for Plaintiff
Arco Torres Herrera Law Firm
Iznart Street, Iloilo City
5000
Telephone No. 123-4567
Roll No. 123456
IBP No. 12345, 05/15/21, Iloilo City
PTR No. 1234567, 05/15/21
Iloilo City
MCLE Compliance No. V1234567

Copy furnished:
ACP Shawie Villavecencio
Office of the City Prosecutor
Iloilo City

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