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    Petition For Bail

    Uploaded by

    Aw Lapuz
    The document is a petition for bail filed on behalf of Anton Gabito, who was charged with violation of the Comprehensive Dangerous Drugs Act of 2002. The petition argues that Gabito's arrest was unlawful as he was merely sitting on a tricycle without committing any suspicious acts. It further argues that the evidence against Gabito, a plastic sachet allegedly found in the tricycle, should be excluded as the product of an unlawful search. Therefore, the evidence against Gabito is not strong and he qualifies for bail under the Philippine Constitution. The petition requests that the court grant bail to Gabito.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Petition For Bail

    Uploaded by

    Aw Lapuz
    419 views5 pages
    The document is a petition for bail filed on behalf of Anton Gabito, who was charged with violation of the Comprehensive Dangerous Drugs Act of 2002. The petition argues that Gabito's arrest was unlawful as he was merely sitting on a tricycle without committing any suspicious acts. It further argues that the evidence against Gabito, a plastic sachet allegedly found in the tricycle, should be excluded as the product of an unlawful search. Therefore, the evidence against Gabito is not strong and he qualifies for bail under the Philippine Constitution. The petition requests that the court grant bail to Gabito.

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    bail

    Original Title

    Petition for Bail

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    The document is a petition for bail filed on behalf of Anton Gabito, who was charged with violation of the Comprehensive Dangerous Drugs Act of 2002. The petition argues that Gabito's arrest was unlawful as he was merely sitting on a tricycle without committing any suspicious acts. It further argues that the evidence against Gabito, a plastic sachet allegedly found in the tricycle, should be excluded as the product of an unlawful search. Therefore, the evidence against Gabito is not strong and he qualifies for bail under the Philippine Constitution. The petition requests that the court grant bail to Gabito.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    419 views5 pages

    Petition For Bail

    Uploaded by

    Aw Lapuz
    The document is a petition for bail filed on behalf of Anton Gabito, who was charged with violation of the Comprehensive Dangerous Drugs Act of 2002. The petition argues that Gabito's arrest was unlawful as he was merely sitting on a tricycle without committing any suspicious acts. It further argues that the evidence against Gabito, a plastic sachet allegedly found in the tricycle, should be excluded as the product of an unlawful search. Therefore, the evidence against Gabito is not strong and he qualifies for bail under the Philippine Constitution. The petition requests that the court grant bail to Gabito.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 5

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    FOURTH JUDICIAL REGION
    BRANCH 123
    MUNTINLUPA CITY

    THE PEOPLE OF THE


    PHILIPPINES,
    Plaintiff, CRIM CASE
    No.________

    -versus- -for-

    VIOLATION OF
    ARTICLE II
    SECTION 11 OF
    REPUBLIC
    ANTON GABITO y GABON ACT 9165
    (Comprehensive
    Accused. Dangerous Drugs Act
    of 2002)

    x-----------------------------------------------------------x

    PETITION FOR BAIL

    Accused ANTON GABITO y GABON by counsel, most


    respectfully petition the Honorable Court to grant him bail,
    upon these considerations:

    1. Accused ANTON GABITO y GABON is charged of


    Violation of Article II, Section 11 of Republic Act 9165
    (Comprehensive Dangerous Drugs Act of 2002) in an
    Information, dated March 28, 2018 and no bail was
    recommended for their provisional liberty.

    2. Accused ANTON GABITO y GABON was arrested by


    PO1 MIGUEL DELA CRUZ and PO1 ARNOLD MARCELINO
    without warrant on March 7, 2018 despite the fact that the
    accused was merely seated on a trycycle and without
    committing any acts that would arise suspicion on the part of
    the arresting officers to legally effect a warrantless arrest.
    3. Section 5. Arrest without warrant; when lawful. — A
    peace officer or a private person may, without a warrant,
    arrest a person:
    (a) When, in his presence, the person to be
    arrested has committed, is actually committing,
    or is attempting to commit an offense;
    (b) When an offense has just been
    committed, and he has probable cause to believe
    based on personal knowledge of facts or
    circumstances that the person to be arrested has
    committed it; and
    (c) When the person to be arrested is a
    prisoner who has escaped from a penal
    establishment or place where he is serving final
    judgment or is temporarily confined while his
    case is pending, or has escaped while being
    transferred from one confinement to another.”

    4. It is submitted that since neither of the


    abovementioned instances were attendant in the warrantless
    arrest of the Accused, the arrest effected by the arresting
    officers, therefore, are illegal and invalid.

    5. The Rules of Court, Rule 126, Section 13, allows a


    warrantless search, provided it is incident to a lawful arrest.
    The law provides:
    “"A person lawfully arrested maybe searched for
    dangerous weapons or anything which may have been used
    or constitute proof in the commission of an offense without a
    search warrant."
    6. It must be noted that since there is no valid
    warrantless arrest, the incidental warrantless search is
    likewise invalid and any articles confiscated thereto may not
    be used as evidence against the accused as the same
    constitutes as “fruit of the poisonous tree”.

    7. It is here that the Accused wishes to seek the wisdom


    of the honorable court in granting his povisional release
    based from the fact that the evidence presented by the
    prosecution against the accused is not strong. Section 13,
    Article 3 of the 1987 Constitution provides that:
    “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 required.”

    8. The only evidence linking accused ANTON GABITO is


    the fact that the arresting officers allegedly found a plastic
    sachet in the trycycle of the accused and since the same
    should be inadmissible as evidence as there was an invalid
    warrantless search, the evidence of the prosecution is
    therefore not strong enough to continue to hold the accused
    in custody.

    WHEREFORE, premises considered, it is most


    respectfully prayed of this Honorable Court to grant herein
    accused-movant ANTON GABITO bail for his provisional
    liberty and to fix the same in an amount in cash or surety as
    it may deemed suffient.

    Batangas City for Rosario, Batangas, April 11, 2018.

    RESPECTFULLY SUBMITTED:

    LAPUZ AND ASSOCIATES


    LAW OFFICES
    Counsel for Accused Anton Gabito
    1st Flr. N. Sangalang Bldg.
    C. Tirona St., Muntinlupa City

    By:

    JESUS ROS LAPUZ, JR.


    Roll No. 43030
    IBP No. 873272 Dec 28, 2012
    PTR No. 1833670 Jan. 2, 2013 Muntinlupa City
    MCLE Exemption No. III-000657
    December 16, 2019

    The Branch Clerk of Court


    Regional Trial Court
    Branch 123

    Pros. Peter A. Beloso


    Office of the Provincial Prosecutor
    Muntinlupa

    GREETINGS:

    Please be notified that the foregoing Petition for Bail will


    be submitted by the undersigned on April 11, 2018 at 2:00
    o’clock in the afternoon, or as soon thereafter as counsel and
    matter may be heard.

    April 7, 2018.

    JESUS ROS LAPUZ,JR.


    Copy furnished:

    Pros. KATRINA DIPLOMA


    Office of the Provincial Prosecutor
    Muntinlupa

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