Petition To Fix and Post Bail 1

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Republic of the Philippines

REGIONAL TRIAL COURT


______ Judicial Region
Branch ______
__________ City

NATIONAL BUREAU OF NPS Doc No. XIII-09-INQ-


INVESTIGATION, ________
DISTRICT OFFICE, rep. by _________
Complainant/s,
-versus-
For: _______________
___
under the Revised Penal
Code
_______________
Respondents,
X--------------------------------//

PETITION TO FIX AND POST BAIL


COMES NOW, respondents, ________ and _________, through
the undersigned counsel for purposes of this petition only, unto this
Honorable Court, most respectfully state THAT:

1. The respondents were arrested on ____________, and is


currently detained at the National Bureau of Investigation (NBI)-
_____________, for the charge
of ________________________ under the Revised Penal Code;

2. The bail for their provisional release has not yet been fixed as
the cases are still under Preliminary Investigation;

3. Section 4 of Rule 114 of the Rules of Court provides:


“Section 4. Bail is a matter of right; exception. — All
persons in custody shall be admitted to bail as
a matter of right, with sufficient sureties, or released
on recognition 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.”
4. Based on the foregoing, the law clearly provides that bail
is a matter of right if the offense charged is not
punishable by death, reclusion Perpetua, or
life imprisonment;

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5. Invoking the above-said provision, the respondents
hereby seek to apply for bail on the ground that the
crimes/felonies charged against them are bailable
offenses under the Special Law and Revised Rules on
Criminal Prosecution.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Court to fix the amount of bail necessary for the release
of the respondents, ____________ and _______________, and
they be allowed to post bail for their temporary release, pending the
preliminary investigation of the criminal charges against them.
Other just and equitable reliefs are likewise prayed for.
RESPECTFULLY SUBMITTED.
________________, Philippines,
Date _______________.
_____________________
Counsel for the Respondents
IBP No. _____________
PTR OR No. _____________
Roll No. ______________

NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Regional Trial Court, Branch ____
____________ City

Greetings!
Please submit the foregoing petition to fix and post bail to the
Honorable Court
on _________________ at ____ in the morning for its favorable consi
deration and approval.

_____________________
Counsel for the Respondents
IBP No. _____________
PTR OR No. _____________
Roll No. ______________
Copy furnished:
PROSECUTOR __________________________
Office of the City Prosecutor, ___________City

NATIONAL BUREAU OF INVESTIGATION

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