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    CBF 5 Motion For Reduction of Bail

    Uploaded by

    Andro Dayao
    This document is a motion for reduction of bail filed in court. It was filed by an accused person who is charged with a crime and entitled to bail. However, the amount of bail set by the court is beyond the accused's financial capacity. The motion requests that the court reduce the bail amount to an amount the accused can afford and allow the accused to post bail in the reduced amount in cash or bond. It provides details on serving the motion to relevant parties and notifying them of a hearing on the motion. Blank spaces are included for information like the accused's name, crime charged, and court's order on the motion.

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

    CBF 5 Motion For Reduction of Bail

    Uploaded by

    Andro Dayao
    63 views3 pages
    This document is a motion for reduction of bail filed in court. It was filed by an accused person who is charged with a crime and entitled to bail. However, the amount of bail set by the court is beyond the accused's financial capacity. The motion requests that the court reduce the bail amount to an amount the accused can afford and allow the accused to post bail in the reduced amount in cash or bond. It provides details on serving the motion to relevant parties and notifying them of a hearing on the motion. Blank spaces are included for information like the accused's name, crime charged, and court's order on the motion.

    Original Description:

    CBF 5 Motion for Reduction of Bail

    Original Title

    CBF 5 Motion for Reduction of Bail

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    This document is a motion for reduction of bail filed in court. It was filed by an accused person who is charged with a crime and entitled to bail. However, the amount of bail set by the court is beyond the accused's financial capacity. The motion requests that the court reduce the bail amount to an amount the accused can afford and allow the accused to post bail in the reduced amount in cash or bond. It provides details on serving the motion to relevant parties and notifying them of a hearing on the motion. Blank spaces are included for information like the accused's name, crime charged, and court's order on the motion.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    63 views3 pages

    CBF 5 Motion For Reduction of Bail

    Uploaded by

    Andro Dayao
    This document is a motion for reduction of bail filed in court. It was filed by an accused person who is charged with a crime and entitled to bail. However, the amount of bail set by the court is beyond the accused's financial capacity. The motion requests that the court reduce the bail amount to an amount the accused can afford and allow the accused to post bail in the reduced amount in cash or bond. It provides details on serving the motion to relevant parties and notifying them of a hearing on the motion. Blank spaces are included for information like the accused's name, crime charged, and court's order on the motion.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    CBF 5

    Motion for Bail

    Original Court, 1st Copy Prosecutor, 2nd Copy Accused, Other copies as needed
    Enter information in block letters in all parts of the Form except when reserved for Court use, which shall be
    completed by the Clerk.

    For Court Use Only


    (Judicial Region)

    METC/MTCC/MTC/MCTC Case No.
    RTC

    (Municipality/City/Province)

    BRANCH

    People of the Philippines , v.


    ,
    Accused.

    ATTORNEY OR PARTY WITHOUT ATTORNEY


    Name
    Firm Name
    Address
    Email Address
    Tel./Cel./Fax Nos.
    PTR No. Date/Place of Issuance
    Roll No. Date/Place of Issuance
    IBP No. Lifetime Date/Chapter
    MCLE Compliance Exemption No.

    Other Compliances

    Attorney for
    Prosecution: Public Prosecutor Private Prosecutor
    Defense: Public Attorney Private Counsel
    Other

    MOTION FOR REDUCTION OF BAIL

    Accused states:

    1. The accused is charged with the crime/s of .


    2. The accused is entitled to bail as a matter of right.
    3. However, the amount set for bail is beyond the accuseds financial
    capacity to post. Attached as Annex/es is/are evidence of the accuseds lack
    of financial capacity. Other reason/s .
    4. The accused prays that s/he be allowed to post bail in the reduced amount of
    P in the form of cash surety bond property bond.
    5. If granted, the accused undertakes to appear whenever required by the Court.


    Name and Signature of Counsel Accused

    MOTION FOR REDUCTION OF BAIL Page 1 of 3


    CBF 5
    Motion for Bail

    PROOF OF SERVICE

    A copy of this Motion was served upon parties and/or their counsel(s) on via
    Personal Service
    Facsimile or other Electronic Means

    and received by the parties and/or their counsel(s) on .

    Proof of such service is attached to this Motion as Annex .


    Date Party/Partys Counsels Signature

    NOTICE OF HEARING

    Public Prosecutor
    Address

    GREETINGS: Please take notice that the foregoing Motion shall be submitted for the
    consideration and approval of the Honorable Court on at .

    Counsel for Accused

    PUBLIC PROSECUTORS COMMENT

    No objection.
    No objection provided posted in cash.
    I object because .

    Name & Signature of Public Prosecutor

    ORDER

    The motion is

    granted
    without objection despite the objection of the public prosecutor. The
    accused is allowed to post bail in the amount of P in the form of
    cash surety bond property bond.

    denied because (state ground).


    Judge Date

    MOTION FOR REDUCTION OF BAIL Page 2 of 3


    CBF 5
    Motion for Bail

    COPY FURNISHED

    Persons Name Method Place Served Date


    Served
    Personal Service
    Trial Prosecutor Courier Service
    Facsimile, Email, SMS
    Personal Service
    Counsel for Accused Courier Service
    Facsimile, Email, SMS
    Personal Service
    Private Complainant Courier Service
    Facsimile, Email, SMS
    Personal Service
    Accused Courier Service
    Facsimile, Email, SMS
    Personal Service
    Courier Service
    Facsimile, Email, SMS
    Personal Service
    Courier Service
    Facsimile, Email, SMS

    SPECIAL INSTRUCTIONS

    Bail as a Matter of Right


    All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on
    recognize 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 (Section 4, Rule 114, ROC)

    Amount of Bail
    The judge who issued the warrant or granted the application shall fix a reasonable amount of bail
    considering primarily, but not limited to, the following factors:
    (a) Financial ability of the accused to give bail;
    (b) Nature and circumstances of the offense;
    (c) Penalty for the offense charged;
    (d) Character and reputation of the accused;
    (e) Age and health of the accused;
    (f) Weight of the evidence against the accused;
    (g) Probability of the accused appearing at the trial;
    (h) Forfeiture of other bail;
    (i) The fact that accused was a fugitive from justice when arrested; and
    (j) Pendency of other cases where the accused is on bail.
    Excessive bail shall not be required (Section 9, Rule 114, ROC)

    Capital offense of 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 the
    criminal prosecution. (Section 7, Rule 114, ROC)

    Burden of proof in bail application


    At the hearing of an application for bail filed by a person who is in custody for the commission of an
    offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of
    showing that evidence of guilt is strong. The evidence presented during the bail hearing shall be
    considered automatically reproduced at the trial, but upon motion of either party, the court may recall any
    witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to
    testify (Section 8, Rule 114, ROC)

    When Amount of Bail may be Reduced


    If the accused does not have the financial ability to post the amount of bail initially fixed, he may move
    for its reduction, submitting for that purpose such documents or affidavits as may warrant the reduction
    he seeks. The hearing of this motion shall enjoy priority in the hearing of cases. (Section 3, A.M. No. 12-
    11-2-SC)

    MOTION FOR REDUCTION OF BAIL Page 3 of 3

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