Republic of the Philippines

Regional Trial Court

Sixth Judicial Region
Branch 45
Barotac Viejo, Iloilo

PEOPLE OF THE PHILIPPINES,

Crim. Case No. 2016-1765
-versus- FOR: Violation of Sec. 5 of R.A.
9165

TERRY PALISYA,
Accused.
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MOTION FOR BAIL

ACCUSED, TERRY PALISYA, represented by the PUBLIC

ATTORNEY’S OFFICE (PAO), through the undersigned counsel and to

this Honourable Court, most respectfully moves for the grant of bail

and fixing the amount thereof, upon the following considerations:

 That accused was arrested and charged with Violation of Section

5 Art II of R.A. 9165 and no bail was recommended for his
provisional liberty;

 Under Article III, Section 13 of the 1987 Constitution:

“SECTION 13: 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. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be require”.

 That on November 14, 2016, accused was arrested thru an

alleged buy-bust operation conducted by Barasanbato PNP;

 That accused have been detained in Iloilo District Jail, Brgy.

Nanga, Pantatan-FD, Iloilo;

 Though the Public Prosecutor found probable cause against

accused, it is submitted that the evidence against her is not
strong and therefore they may be granted bail;

 That after evaluation of the records of the case, it is posited that

the evidence of guilt against the accused is not strong;

 Section 7, Rule 114 of the Revised Rules of Court, likewise

provides:
“Capital offense or an offense punishable by reclusion
perpetua or life imprisonment, not bailable.-No person charged
 with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, when evidence of guilt is strong,
shall be admitted to bail regardless of the stage of the criminal
prosecution.”

 It is respectfully submitted that the apprehension and arrest of

the accused does not conform with the provisions of RA 9165 and
the PNP Manual of Anti-Illegal Drugs Operation and Investigation;

 That based on the affidavit of the Police Officers, the evidence of

guilt against the accused is not strong for it is doubtful if there is
indeed a buy-bust operation conducted;

 Under Section 1 of A.M. No. 12-11-2-SC entitled “Guidelines for

Decongesting Holding Jails by Enforcing the Rights of Accused
Persons to Bail and to Speedy Trial”, The Department of Justice’s
Bail Bond Guide shall be considered but shall not be controlling.
In no case shall the court require excessive bail;

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court to grant herein

accused-movant bail for their provisional liberty and to fix the

same in an amount in cash or surety as it may deemed sufficient.

Other reliefs that are just and equitable are likewise prayed
for.

RESPECTFULLY SUBMITTED.

Barotac Viejo, Iloilo, July 27 2017.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Barotac Viejo District
Office
Barotac Viejo, Iloilo
Counsel for the accused