Motion To Release Accused Based On Time Served - MARK ANTHONY MARQUEZ

REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION

REGIONAL TRAIL COURT
BRANCH 83,
TANAUAN CITY, BATANGAS
THE PEOPLE
OF THE PHILIPPINES,
Plaintiff,
CRIM. CASE NO. 17-07-10655 and
- versus – 17-07-10656
For: viol. Sec. 5 & 11 RA No. 9165
MARK ANTHONY MARQUEZ y CIULAO,
Accused.
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MOTION TO RELEASE ACCUSED
COMES NOW, accused MARK ANTHONY MARQUEZ y CIULAO,

through the undersigned counsel and unto this Honorable Court most respectfully
submits states, THAT:
1. On 29 June 2017, the accused was arrested and subsequently charged

for violation of section 5 and 11, R.A. No. 9165; the same was raffled to this
Honorable Court.
Attached hereto for reference of the Honorable Court, a copy of the

Certificate of Detention dated 15 February 2021 issued by the PNP Tanauan City,
Batangas.
2. On 23 November 2018, the accused pleaded guilty to a lesser offense

whereas he was sentenced to suffer a penalty of imprisonment of one (1) year, one
(1) month, and eleven (11) days up to one (1) year, eight (8) months, and
twenty (20) days and Ten Thousand Pesos (P10,000) of fine for the respective
case docketed as Criminal Case Nos. 17-07-10655, and 17-07-10656.
Attached hereto for reference of the Honorable Court, a copy of the Order of
Judgment (“Order”) issued by the Honorable Court dated 23 November 2018.
3. Thereafter, the accused applied for Probation and was released on 12

April 2017 pursuant to the said application.
4. However, on 21 February 2020, the accused was arrested as his

application for probation was subsequently revoked hence; he was committed to
BJMP Tanauan City and detained therein up to the present.
Attached hereto for reference of the Honorable Court, a copy of the

Certificate of Detention dated 20 April 2021 issued by the BJMP Tanauan City,
Batangas for the commitment of the accused on 22 September 2017, and on 21
February 2020; and also, Certification for the credited GCTA dated 20 April 2021.
5. Gleaning on the attached certifications, the accused has already served

the maximum imprisonment imposed in the Order issued by the Honorable Court
dated 23 November 2018.
6. As to the imposed penalty of fine for Criminal Case Nos. 17-07-

10655, and 17-07-10656 respectively, the aforesaid Order does not categorically
stated that a penalty of subsidiary imprisonment should be imposed in case of
insolvency of the accused.
7. It is well-entrenched rule that subsidiary imprisonment is not

automatic and should not be inferred absence of the specific provision in the
Judgment imposing thereat as discussed in the case of People v. Fajardo.1
8. The penalty of a fine or the subsidiary imprisonment in case of non-

payment is considered a principal penalty, as classified by Article 25 of the RPC.
Hence, subsidiary imprisonment in case of insolvency does not automatically form
part of the penalty and hence must be categorically stated in the Judgment of
conviction enshrined in Article 78 of the Revised Penal Code.
9. Absence of the penalty of subsidiary imprisonment in case of

insolvency in the Order dated 23 November 2018 docketed as Criminal Case Nos.
17-07-10655, and 17-07-10656, the undersigned counsel most respectfully moves
for the released of herein accused for having served the maximum imposed
penalty.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed upon

this Honorable Court that this motion be considered and granted.
Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED.
21 April 2021, Tanauan City, Batangas.
Counsel for the Accused
DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
2/F Dr. Salvador H. Laurel Memorial Building
(Legislative Bldg.)
Lauan St., Brgy. Pob. 3, Tanauan City, Batangas
By:
HEART C. LERO
Public Attorney II
1
G.R. No. L-43466.
Roll No. 61581
Lifetime IBP No. 015726
MCLE Compliance No. VI-0006454; 02.15.2018
NOTICE
Branch Clerk of Court

RTC Br. 83
Tanauan City, Batangas
Greetings.
Please submit the foregoing Motion for the utmost consideration of the Honorable
Court on __________ or any date available on the Honorable Court’s calendar.
HEART C. LERO
Public Attorney II
Copy furnished:
JENNEFER F. ZARA-RESURRECCION
Assistant City Prosecutor
City Prosecutor’s Office
Tanauan City, Batangas

Motion To Release Accused Based On Time Served - MARK ANTHONY MARQUEZ

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REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

COMES NOW, accused MARK ANTHONY MARQUEZ y CIULAO,

1. On 29 June 2017, the accused was arrested and subsequently charged

Attached hereto for reference of the Honorable Court, a copy of the

2. On 23 November 2018, the accused pleaded guilty to a lesser offense

3. Thereafter, the accused applied for Probation and was released on 12

4. However, on 21 February 2020, the accused was arrested as his

Attached hereto for reference of the Honorable Court, a copy of the

5. Gleaning on the attached certifications, the accused has already served

6. As to the imposed penalty of fine for Criminal Case Nos. 17-07-

7. It is well-entrenched rule that subsidiary imprisonment is not

8. The penalty of a fine or the subsidiary imprisonment in case of non-

9. Absence of the penalty of subsidiary imprisonment in case of

WHEREFORE, premises considered, it is most respectfully prayed upon

Other reliefs just and equitable are likewise prayed for.

Counsel for the Accused

Branch Clerk of Court

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