REPUBLIC OF THE PHILIPPINES
7th Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
BRANCH 14
Cebu City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Crim. Case No. 12345
For: Perjury (Article 183 of
the Revised Penal Code)
-versus-
JUAN DE LA CRUZ,
Accused.
x------------------------------------------------x
MOTION FOR RELEASE ON OWN
RECOGNIZANCE
The ACCUSED Juan de la Cruz, through counsel and unto this
Honorable Court, hereby moves for his release on his own
recognizance pursuant to A.M. No. 12-11-2-SC in relation to Sections 6
and 7 of R.A. No. 10389, and most respectfully states:
1.) That Accused is charged with Perjury under Article 183 of
the Revised Penal Code and is being detained since the
filing of the case in court on 21 November 2017.
2.) That Accused, due to abject poverty, was unable to post
bail of SIX THOUSAND PESOS (₱6,000.00).
3.) That having been detained for a year, Accused has already
been in custody for a period equal to or more than the
minimum imprisonment prescribed for the offense
charged, without application of the Indeterminate
Sentence Law.
4.) That as of 23 November 2018, the case is still undergoing
the presentation of the first witness for the Prosecution.
5.) That as required under Section 6 of R.A. No. 10389, the
following requirements have been complied with, to wit:
(a) A sworn declaration by the Accused of his
indigency or incapacity either to post a cash bail or
proffer any personal or real property acceptable as
sufficient sureties for a bail bond, attached hereto;
(b) A Certification of Indigency by the Social Welfare
and Development Office of Cebu City where
Accused resides issued on October 20, 2018,
attached hereto; and
(c) That Accused was already arraigned on December
22, 2017.
6.) That Accused has none of the disqualifications provided
for under Section 7 of R.A. No. 10389 and is entitled to
avail of the benefits of recognizance.
PRAYER
WHEREFORE, premises considered, it is prayed of this
Honorable Court, that the herein Motion be GRANTED and Accused
be RELEASED on his own recognizance pursuant to R.A. No. 10389
and other pertinent implementing rules and regulations.
Other reliefs just and equitable are likewise prayed for.
Cebu City. November, 2018.
Counsel for Accused:
ATTY. MIRA HYACINTH S. ALTAR
ROLL OF ATTORNEYS NO. 23456
IBP NO. 616994; CEBU CITY; LIFETIME MEMBER
PTR No. 1234567; CEBU CITY; 1-9-18
MCLE Compliance No. V – 00244466; December 8, 2017
Pelaez Corner Sanciangko St.,
Cebu City, 6000 Cebu
Copy furnished by personal service:
ATTY. JOHNNY A. SANTOS
Office of the City Prosecutor
D. Jakosalem Street, Cebu City, Cebu
NOTICE OF HEARING
ATTY. JOHNNY A. SANTOS
Office of the City Prosecutor
D. Jakosalem Street,
Cebu City, Cebu
CLERK OF COURT
Branch 14, MTCC
Cebu City
Sir/Ma’am:
Please take notice that a foregoing Motion for Release on Own
Recognizance in Criminal Case No. 12345 pending under the Branch
14 of the Municipal Trial Court in Cities (MTCC) of Cebu shall be
submitted for the consideration and approval of the Honorable Court
on Monday, November 26, 2018 at 9 AM or as soon as counsel and
matter may be heard.
ATTY. MIRA HYACINTH S. ALTAR
Counsel for Accused
Pelaez Corner Sanciangko St.,
Cebu City, 6000 Cebu
Republic of the Philippines }
Cebu City } s.s.
AFFIDAVIT OF INDIGENCY
I, JUAN DE LA CRUZ, of legal age, single, Filipino citizen,
and presently residing at Cebu City, after having been duly sworn to
in accordance with law, do hereby depose and say:
1. That I am self-employed as a trisikad driver with no stable
source of livelihood or income;
2. That every month I earn, more or less, only TWO THOUSAND
PESOS (₱2,000.00);
3. That I do not own any sufficient personal and real properties;
4. That because of the abovementioned facts, I am incapacitated
either to post a cash bail or proffer any personal or real property
acceptable as sufficient sureties for a bail bond; and
5. That I am executing this Affidavit to entitle me to be released on
my own recognizance and for whatever legal purpose it may
serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th
day of November 2018 at Cebu City, Philippines.
JUAN DE LA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 15th day of November
2018 in Cebu City, Philippines, and I have read and translated the
foregoing Affidavit in a dialect known and understood by the affiant.
Doc No. 71
Page No. 17
Book No. VII
Series of 2018
Republic of the Philippines
Province of Cebu
City of Cebu
City Social Welfare and Development Office
CERTIFICATE OF INDIGENCY
TO WHOM IT MAY CONCERN:
This is to certify that JUAN DE LA CRUZ, of legal age, son of Mr. and
Mrs. Antonio and Juana de la Cruz, is a bona fide resident of Barangay
Labangon, Cebu City, Cebu. The said person is of good moral
character and an active member of the community.
Juan de la Cruz has nine (9) siblings and belongs to a low-income
family with a combined annual net income of not exceeding forty-
thousand pesos (₱40,000.00), which is below the poverty line.
This certification is being issued upon the request of the above-named
person for whatever purposes it may serve him best.
Given this 20th day of October 2018 at Cebu City, Cebu.
MARY JANE B. GARCIA
Head of Office
