Republic of the Philippines

National Capital Judicial Region

Regional Trial Court
Quezon City, Branch 100

People of the Philippines
Complainant,


-VERSUS- Case No. T-2639
For: Rape by Sexual Assault


Leonarde Z. Masajista
A.K.A. Lando Masajista
Accused.

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MEMORANDUM IN SUPPORT OF PETITION FOR BAIL

Accused, through the undersigned counsel, respectfully submits the following
Memorandum in Support of Petition for Bail and states that:
1. The constitutional mandate as provided for in Section 13, Article II, 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. Accused is
unquestionably not charged with a capital offense.
2. As clearly stated in Section 4 of the Revised Rules of Criminal Procedure (As
Amended) that bail, as matter of right includes all persons in custody shall be
admitted with sufficient sureties, or released on recognize as prescribed by law or
this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal
Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and
(b) before conviction by the Regional Trial Court of an offense not punishable
by death, reclusion perpetua, or life imprisonment. (Emphasis supplied)
3. That the accused is charged of violating the Anti-Rape Act of 1997, Article 266-A
paragraph 2 to wit: By any person who, under any of the circumstances mentioned
in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis
into another person's mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.
4. In the same manner, Article 266-B of the same act which provides for the penalty,
Rape under paragraph 2 of the next preceding article shall be punished by prision
mayor. (Emphasis supplied)
5. That he will comply with the conditions of bail requirements as provided for in
Section 2 of the Revised Rules of Criminal Procedure.
6. That despite of his current application for work in the United States, the accused
does not and is not in anyway pose a risk of flight.
7. That he assured this Honorable Court of his participation of in the entire
proceedings.
8. That the prosecution failed to prove that the accused guilt is strong.
9. These factors weigh in favor of granting reasonable bail. That it can be clearly
gleaned in the provisions of the law that LEONARDE Z. MASAJISTA is entitled
as a matter of right to bail.

PRAYER
In accord with public interest and the expeditious administration of justice, and reiterated
in this prayer that this Court should resolve the matter of the petition for bail and allow
accused to post such bail as the Court may fix.

CONCLUSION
For these reasons, LEONARDE Z. MASAJISTAs Petition for Bail Pending Appeal
should be granted.

Quezon City, Philippines, DATE PLEASE as stated in the petition for bail ORDER


ATTY. LEONOR A. RIVERA
Counsel for Accused
Ninja Law Group, 8F, Torre de Rivera,
7
th
St. Bonifacio Global City,
Taguig City, Philippines

ROLL NO. 34560;
IBP NO. 826700; 1-15-14; Quezon City;
PTR NO. 6121472; 1-15-14;
MCLE No: 5471; 2-21-12.












The Branch Clerk of Court
RTC, Branch 100
Quezon City

Greetings:

Please submit the foregoing Memorandum for the Courts consideration.


ATTY. LEONOR A. RIVERA

Copy Furnished:
Hon. Aurora L. Quezon
Asst. City Prosecutor