Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 21
Santiago City

PEOPLE OF THE PHILIPPINES,

Plaintiff, Crim Case No. 12107
For: Violation of Sec. 11, Art.
II, R.A. 9165 (Marijuana)
-versus-
Crim Case No. 12108
For: Violation of Sec. 12, Art.
II, R.A. 9165
JOSELITO BALID DAVID,
Crim Case No. 12109
Accused. For: Violation of Sec. 3, Art.
x---------------------------------------x II, R.A. 9516

Crim Case No. 12110

For: Violation of Sec. 28(b),
Art. II, R.A. 10591

Crim Case No. 12111

For: Violation of Sec. 11, Art.
II, R.A. 9165 (Shabu)

PETITION FOR BAIL

Accused duly assisted by the undersigned counsel, unto this

Honorable Court, most respectfully moves and avers:

Prefatory

If the offense charged is punishable by

reclusion perpetua, bail becomes a matter of
discretion. It shall be denied if the evidence of guilt
is strong. The court’s discretion is limited to
determining whether or not the evidence of guilt is
strong. But once it is determined that the evidence
of guilt is not strong bail becomes a matter of right.
[1 ]

1
People v. Donato, G.R. No. 79289, 5 June 1991.
 CRIM. CASES NOS. 12107-12111
PETITION FOR BAIL
PP v. Joselito B. David
Page 2 of 8
______________________________

1. On 15 July 2019, the Office of the City Prosecutor of

Isabela filed five (5) Informations now the subject of the above-
entitled cases, the accusatory portion of which reads:

IN RE: Crim. Case No. 12107

“That on or about 3:50 o’clock in the afternoon

of July 12, 2019 at Barangay Sagana, City of Santiago,
Philippines the Santiago City Police Office (SCPO)
implemented Search Warrant No. 0214-2019 issued
by HON. EFREN M. CACATIAN Executive Judge of
RTC City of Santiago in the house of JOSELITO
BALID DAVID and during the search within the
jurisdiction of this Honorable Court, the above
named accused, did then and there wilfully,
unlawfully and feloniously have in his direct
possession and control to wit: one (1) plastic box
containing dried marijuana leaves with fruiting tops
marked as “RMG” 7-12-19 weighing 139.5766 grams
and five (5) pieces heat sealed transparent plastic
sachet containing dried marijuana leaves and seeds
with fruiting tops respectively marked as follows:
“RMG”-2 7-12-19 weighing 6.9128 grams; “RMG”-3
7-12-19 weighing 6.5132 grams; “RMG”-4 7-12-19
weighing 6.5901 grams “RMG”-5 7-12-19 weighing
6.6022 grams; and “RMG-6” 6-12-19 weighing 6.6378
grams, with a total weight of 172.8327 grams of
suspected dried marijuana leaves and fruiting tops
locally known as tetrahydrocanabinol a dangerous
drug without first having obtained any authority or
permit from the government or its duly
representative.

CONTRARY TO LAW.”

IN RE: Crim. Case No. 12108

“That on or about 3:30 o’clock in the afternoon

of July 12, 2019 at Barangay Sagana, City of Santiago,
Philippines the Santiago City Police Office (SDCPO)
 CRIM. CASES NOS. 12107-12111
PETITION FOR BAIL
PP v. Joselito B. David
Page 3 of 8
______________________________

implemented Search Warrant No. 0214-2019 issued

by Hon. Efren M. Cacatian, RTC Executive Judge
City of Santiago in the house of the accused
JOSELITO BALID DAVID and during the search
several paraphernalia were confiscated and within
the jurisdiction of this Honorable Court, the above-
named accused did then and there wilfully,
unlawfully and feloniously have in his direct
possession and control to wit: one (1) box containing
32 strip aluminium foil with residue marked as
“RMG”-7 7-12-19 with signature; two (2) digital
weighing scale marked as “RMG”-8 with signature;
two (2) pcs. Improvised tooter marked as “RMG-27
and 28 with signature intended for consuming or
administering dangerous drugs without any
authority or license to possess the same.

CONTRARY TO LAW”

IN RE: Crim. Case No. 12109

That on or about 3:50 o’clock in the afternoon

of July 12, 2019 at Barangay Sagana, City of Santiago,
Philippines, the Santiago City Police Office (SCPO)
City implemented Search Warrant No. 0213-2019
issued by HON. EFREN M. CACATIAN Executive
Judge of RTC City of Santiago in the house of
JOSELITO BALID DAVID and during the search
and within the jurisdiction of this Honorable Court,
the above-named accused, did then and there
wilfully, unlawfully and feloniously have in his
direct possession and control to wit: One (1) hand
grenade marked “JNC”7 07-12-19 capable for
detonation, without any authority or permit from the
government or its duly authorized representative.

CONTRARY TO LAW”

IN RE: Crim. Case No. 12110

 CRIM. CASES NOS. 12107-12111
PETITION FOR BAIL
PP v. Joselito B. David
Page 4 of 8
______________________________

That on or about 3:50 o’clock in the afternoon

of July 12, 2019 at Barangay Sagana, City of Santiago,
Philippines, the Santiago City Police Office (SCPO)
City implemented Search Warrant No. 0213-2019
issued by HON. EFREN M. CACATIAN Executive
Judge of RTC City of Santiago in the house of
JOSELITO BALID DAVID and during the search
and within the jurisdiction of this Honorable Court,
the above-named accused, did then and there
wilfully, unlawfully and feloniously have in his
direct possession and control to wit: One (1) Elisco
M16A1 rifle bearing Serial Number RP125161; Three
(3) magazine and Thirty Nine (39) live ammunitions
for the same firearm; One (1) Cold Caliber 45 pistol
bearing Serial Number 534056 with magazine
inserted and loaded with Eight (8) live ammunition;
One (1) calibre 38 revolver without markings bearing
Serial Number 700603; and Five (5) live ammunition
for the same calibre without any license to possess
and permit to carry outside his residence.

CONTRARY TO LAW”

IN RE: Crim. Case No. 12111

“That on or about 1:30 o’clock in the afternoon

of July 12, 2019 at Barangay Sagana, City of Santiago,
Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused
conspiring, confederating and mutually helping one
another did then and there wilfully, unlawfully and
feloniously with intent to obstruct, impede and
prevent during the implementation of the Search
Warrant 0213 and 0214 into the house of one
JOSELITO BALID DAVID by locking the gate of the
house of JOSELITO BALID DAVID, thereby
preventing the City Drug Enforcement Unit (CDEU)
Santiago City Police Office (SCPO) to enter the
premises.
 CRIM. CASES NOS. 12107-12111
PETITION FOR BAIL
PP v. Joselito B. David
Page 5 of 8
______________________________

CONTRARY TO LAW”

2. Considering the nature of the crime the accused is

being charged, no bail was allowed or recommended;

3. Section 13, Article III of the 1987 Philippine

Constitution states:

“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.” –

4. The same is enunciated in Section 7, Rule 114 of the

Revised Rules of Criminal Procedures 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, shall be admitted to bail when
evidence of guilt is strong, regardless of the stage of
criminal prosecution.”

5. Stated differently, when the evidence of guilt of the

accused is not strong, he may be allowed to post bail at the
discretion of the court upon application for admission to bail;

6. In the present case under consideration, it is our

humble submission that the evidence of guilt of the herein accused
is not strong.
PRAYER
 CRIM. CASES NOS. 12107-12111
PETITION FOR BAIL
PP v. Joselito B. David
Page 6 of 8
______________________________

WHEREFORE, in the interest of substantial justice and

taking into consideration the foregoing, it is most respectfully
prayed of this Honorable Court that the instant petition for bail be
granted, and consequently, the accused be allowed to post bail,
after hearing, in the amount to be determined by this Honorable
Court.

Other relief and remedies, just and equitable under the

premises, are likewise prayed for.

Santiago City, 24 October 2019.

THE LAW OFFICES OF DAMASEN & SUBIA

Counsel for the Accused
Unit 5, Mango Suites, Calao East, Santiago City
E-mail: lmdlawoffice@gmail.com
Mobile No.: 09178730405
Tel. No.: (078) 305-2392

By:

ATTY. LUCKY M. DAMASEN

MCLE Compliance No. VI-0018789/2-20-2019
PTR No. 2597820/Santiago City/01-03-2019
Life Member IBP No. 021277/IBP National Office,
Pasig City/01-05-2018
Roll No.37959/07-24-92

&

ATTY. VIRGO M. GULAN

MCLE Compliance Exempted/ Passed the Bar Exams 26 April 2018
 CRIM. CASES NOS. 12107-12111
PETITION FOR BAIL
PP v. Joselito B. David
Page 7 of 8
______________________________

PTR No. 2660682/Santiago City/03-08-2019

IBP No. 067340 / 01 – 12- 2019
Roll No.71583

NOTICE

The Branch Clerk of Court

RTC-Branch 21
Santiago City

Office of the City Prosecutor

Santiago City

G r e e t i n g s!

Immediately upon receipt hereof, please submit the

foregoing Petition for Bail for the consideration and approval of
the Honorable Court on 25 October 2019 at 8:30 o’clock in the
morning or at any time most convenient to the Court.

ATTY. LUCKY M. DAMASEN

REPUBLIC OF THE PHILIPPINES}

SANTIAGO CITY}S.S
x----------------------------------------------x

VERIFICATION

I, JOSELITO BALID DAVID, of legal age, Filipino and a

resident of Barangay Sagana Santiago City, after having been duly
sworn to in accordance with law, do hereby deposes and states:

1. That I am the accused in the above-entitled case;

 CRIM. CASES NOS. 12107-12111
PETITION FOR BAIL
PP v. Joselito B. David
Page 8 of 8
______________________________

2. That I have caused the preparation of the foregoing

Petition for Bail;

3. That I have read and understood all the allegations

contained herein which are true and correct of my own
personal knowledge or based on authentic records;

IN WITNESS WHEREOF, I have hereunto set my hand this

_____ day of October, 2019 at Santiago City.

JOSELITO BALID DAVID

Accused

SUBSCRIBED AND SWORN before me this _____ day of

October, 2019 at Santiago City. Philippines; Affiant exhibiting his
identifying evidence as required by the Rules; who signed the said
instrument in my presence. I further certify that I have personally
examined the affiant and I am convinced that the same is his own
free and voluntarily act and deed.

Doc. No.______
Page No.______
Book No._____
Series of 2019

Copy furnished:

Office of the City Prosecutor

Santiago City
/by personal service