BCCR 21-0033-PC-Order

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REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION


MUNICIPAL TRIAL COURT IN CITIES
CITY OF BACOOR, CAVITE

PEOPLE OF THE PHILIPPINES, CRIM. CASE NOS. BCCR 21-0033


Plaintiff,
-VERSUS- FOR: Violation of Presidential Decree 1602 (Illegal
Gambling, as Amended by RA 9827)
MARLON DELEBIOS MORALES, JAY CIPREZ
PERALTA, and DANVER ABINISO ORILLA,
Accused.
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ORDER
After a careful evaluation of the Information, the Minute Resolution, Investigation Data Form, the
Sinumpaang Salaysay of the complaining witness and other pertinent documents, the Court finds that there is no
probable cause to hold accused JAY CIPREZ PERALTA,for trial.

Upon perusal of the record, there is no proof as to the degree of participation of the accused in the
commission of the offense. Based on the affidavit of the arresting officers, accused JAY CIPREZ PERALTA, was
merely standing near the other accused. Presidential Decree 1602 provides that “wagers consisting of money,
articles of value or representative of value are at stake or made”; as there is no clear indication if the said accused
made wagers or bets in violation of the aforementioned law, there can be no determination of probable cause.

In view of the foregoing, Criminal Case No. BCCR 21-0033, with respect to accused, JAY CIPREZ
PERALTA, is hereby DISMISSED for lack of probable cause.

The Jail Warden of the Bacoor City Custodial Center, Bacoor City, Cavite, is directed to immediately
RELEASE the accused, JAY CIPREZ PERALTA, unless he is being held for some other offense.

Regarding accused MARLON DELEBIOS MORALES, and DANVER ABINISO ORILLA, the Court finds that
there is probable cause to hold both accused for trial.

Set the arraignment and pre-trial on 20 January 2020 at 1:30 in the afternoon.

Per the Booking and Information Sheet, the accused are detained at the PNP Bacoor City Custodial Center.
The Jail Warden thereof is directed to bring the accused to the Bacoor City Jail, Bacoor City, Cavite. This serves as
the COMMITMENT ORDER. The Jail Warden of the said Bacoor City Jail is hereby directed to deliver to this Court
the bodies of the accused, promptly on the scheduled hearing date. Per AC 38-2020, the accused may apply for
reduced bail at One Thousand Pesos (Php 1,000.00) or for release on bail fixed at Thirty Thousand Pesos (Php
30,000.00)

This Order shall be sent to all of the accused, private complainant or complaining law enforcement agent,
public prosecutor, and witnesses, whose names appear in the Information for purposes of agreements and
admissions, plea bargaining, arraignment and pre-trial. They are WARNED that their FAILURE TO APPEAR before
the Court on the said date and time may result in the issuance of a BENCH WARRANT against them.

SO ORDERED.
Bacoor City, Cavite, 18 January 2020.
ROSETTE H. ABRENICA
Pairing Judge
Copy furnished:
Office of the City Prosecutor The Jail Warden
Bacoor City, Cavite Bacoor Custodial Center
Molino II, Bacoor City
PSSg Reparado Dedigan Bundac Jr.
Pat. Ren Ren Estorninos Estiller Marlon Delebios Morales
Bacoor City Police Station, Sector 2, Mobile Patrollers Jay Ciprez Peralta
Bacoor City, Cavite Danver Abiniso Orilla
Kanluran, Brgy. Zapote 5, Bacoor City, Cavite
Scan the QR Code and
email [email protected] for e-hearings/e-notices:
MRG/jjna

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