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  • 06 Motion To Release On Recognizance

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    Teodoro Jose Bruno
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    Joseph Magbanua y Aborot was charged with murder, a non-bailable crime, and detained on January 23, 2022. On May 24, 2022, Magbanua pleaded guilty to the lesser crime of death caused in a tumultuous affray and was sentenced to imprisonment. Magbanua also applied for probation on the same date. Citing a provision of the Probation Law that allows for temporary release on bail or recognizance pending a probation report, the public attorney filed a motion requesting that Magbanua be released on the recognizance of his father Prudencio S. Magbanua to guarantee his appearance in court as required.

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    06-Motion-to-Release-on-Recognizance

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    Joseph Magbanua y Aborot was charged with murder, a non-bailable crime, and detained on January 23, 2022. On May 24, 2022, Magbanua pleaded guilty to the lesser crime of death caused in a tumultuous affray and was sentenced to imprisonment. Magbanua also applied for probation on the same date. Citing a provision of the Probation Law that allows for temporary release on bail or recognizance pending a probation report, the public attorney filed a motion requesting that Magbanua be released on the recognizance of his father Prudencio S. Magbanua to guarantee his appearance in court as required.

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    © All Rights Reserved
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    30 views3 pages

    06 Motion To Release On Recognizance

    Uploaded by

    Teodoro Jose Bruno
    Joseph Magbanua y Aborot was charged with murder, a non-bailable crime, and detained on January 23, 2022. On May 24, 2022, Magbanua pleaded guilty to the lesser crime of death caused in a tumultuous affray and was sentenced to imprisonment. Magbanua also applied for probation on the same date. Citing a provision of the Probation Law that allows for temporary release on bail or recognizance pending a probation report, the public attorney filed a motion requesting that Magbanua be released on the recognizance of his father Prudencio S. Magbanua to guarantee his appearance in court as required.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    REGIONAL TRIAL COURT OF PALAWAN


    Fourth Judicial Region
    Branch 164
    Roxas, Palawan

    PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. ROX-21(11)-


    Plaintiff, 41747-RX
    versus for
    JOSEPH MAGBANUA y ABOROT, MURDER
    Accused.
    x------------------------------------------------x

    MOTION TO RELEASE ACCUSED ON RECOGNIZANCE


    OR UNDER REDUCED BAIL PENDING PROBATION

    COMES NOW, accused, thru the undersigned Public Attorney, and unto this
    Honorable Court, most respectfully avers that:

    1. The herein accused was charged of the herein case which is a non-
    bailable crime and was detained at the Roxas Municipal Police Station on January
    23, 2022;

    2. On May 24, 2022 during the hearing for this case, the accused
    pleaded guilty to the lesser crime of Death Caused in a Tumultuous Affray under Art.
    251 of the Revised Penal Code and was sentenced to suffer the penalty of
    imprisonment of two (2) years and four (4) months of prision correccional as
    minimum, to six (6) years of prision correccional maximum as maximum, and
    destierro;

    3. On the same date, accused filed an application for probation;

    4. The second paragraph of Section 7, PD 968 (Probation Law) provides:


    “Pending submission of the investigation report and the resolution of the petition, the
    defendant may be allowed on temporary liberty under his bail filed in the criminal
    case; Provided, That, in case where no bail was filed or that the defendant is
    incapable of filing one, the court may allow the release of the defendant on recognize
    the custody of a responsible member of the community who shall guarantee his
    appearance whenever required by the court.”;

    5. On the basis of the above provision, the accused most respectfully


    begs the indulgence of this Honorable Court to allow him to be released on
    recognizance of his father, PRUDENCIO S. MAGBANUA, who shall guarantee his
    appearance whenever required by the Honorable Court;
    WHEREFORE, premises considered and in the interest of justice, it is most
    respectfully prayed to this Honorable Court to order the release of accused JOSEPH
    MAGBANUA y ABOROT on recognizance of his father, PRUDENCIO S.
    MAGBANUA, pending submission of the investigation report and resolution of his
    application for probation.

    In Puerto Princesa City, this 24th day of May 2022.

    PUBLIC ATTORNEY’S OFFICE


    Department of Justice

    By:

    TEODORO JOSE M. BRUNO III


    Public Attorney I
    Roll No. 76013
    IBP OR No. 196707; 1/06/2022

    NOTICE

    ATTY. REGINA BELLA DIOSO


    Clerk of Court V
    Regional Trial Court Branch 164
    Roxas, Palawan

    GREETINGS!

    Please submit the foregoing motion for the approval and consideration of this
    Honorable Court on a day set for the hearing of cases handled by the PAO.

    Thank you.

    TEODORO JOSE M. BRUNO III

    PROS. MAIDY SAN BUENAVENTURA-FERNANDEZ


    Provincial Prosecutor’s Office
    DOJ Bldg., Hall of Justice Compound
    Sta. Monica Heights, Puerto Princesa City

    GREETINGS!
    Please take note that the foregoing motion will be submitted for the approval
    of this Honorable Court on a day set for the hearing of cases handled by the PAO.

    Thank you.

    TEODORO JOSE M. BRUNO III

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