Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
Branch ___
Barotac Vieho, Iloilo

IN THE MATTER OF THE PETITION

TO BE ADMITTED TO BAIL, Spec. Proc. No. _________

ROBERTO DEL CASTILLO SR.

Accused/Petitioner
x--------------------------------------------x

PETITION
COMES NOW ACCUSED/PETITIONER, by the
u n d e r s i g n e d c o u n s e l a n d unto this Honorable Court, most
respectfully states:

1. The herein accused/petitioner is sixty-seven (67) years

old, Filipino, married and resident of Brgy. Devera, Sara, Iloilo;

2. The petitioner is in the custody of Sara Municipal Police

Station for the alleged violation of R.A. No. 10591, an offense
punishable by lifetime imprisonment; Copy of Certification issued by
Sara Municipal Police Station is attached as ANNEX “A”;

3. The herein accused is presently detained at Sara

Municipal Police Station pending preliminary investigation;

4. The case was already filed with the Office of the

Provincial Prosecutor and will be subjected to preliminary
investigation, for which reason probable cause is not yet
established;

5. That the constitutional right of the accused to bail is

paramount consideration although he is not yet charged in court
and not yet charged of a capital offense;

6. Records show that by virtue of Search Warrant No. 18-03

the following items are included, to wit:
a. One (1) 9mm caliber pistol
b. One (1) .45 caliber pistol
c. One (1) shotgun
d. One (1) .38 revolver
e. Magazines and ammunition of 9mm caliber pistol
f. Magazines and ammunition of .45 caliber pistol
g. Ammunitions of Shotgun
h. Ammunitions of a .38 revolver

A copy of Search Warrant No. 2018-03 dated 30 January 2018

is hereto attached as ANNEX “B”.

7. On 31 January 2018, a search was conducted by virtue

of the above-mentioned search warrant and the following items
were recovered:

a. One (1) piece homemade 12 gauge shot gun (magazine

feed)
b. One (1) piece homemade 12 gauge shot gun
c. .22 caliber rifle
d. .45 caliber pistol
e. .45 magazine
f. empty magazine of .45
g. empty shell of .45
h. holster
i. 12 gauge magazine

A copy of Certificate of Inventory dated January 31, 2018 is

hereto attached as ANNEX “C”.

8. Based on the Search Warrant and the Certificate of

Inventory only one item recovered matched with the Search
Warrant, a .45 caliber pistol. Further, the one (1) shotgun provided in
the Search Warrant No. 2018-03 is not specific as to include the two
(2) homemade shotgun recovered.
 9. Based on the foregoing, the liability of the accused ins
only as to the two (2) items recovered recovered which match with
the search warrant issued, the same is bailable.

10. Moreover, for humanitarian consideration, the herein

accused is already of old age and suffering from hypertension. A
copy of Medical Certificate is herein attached as ANNEX “D”;

11. That the burden of showing that evidence of guilt is

strong is on the prosecution, and unless this fact is satisfactorily
shown, the accused is entitled to bail as a matter of right.

12. That the herein petitioner should be admitted to bail

pending the filing of any case against the petitioner in the amount
of TWO HUNDRED THOUSAND PESOS (Php 200,000.00).

PRAYER

WHEREFORE, premised considered, it is most respectfully

prayed of this Honorable Court, that the herein accused/petitioner
be admitted to bail in the amount of TWO HUNDRED THOUSAND
PESOS (Php 200,000.00).

RESPECTFULLY SUBMITTED.

Iloilo City, Philippines. 06 February 2018

GEROCHI LAW OFFICE

Counsel for the Accused/Petitioner
Gerochi Corporate Center, Brgy. Balabago
Jaro, Iloilo City
Contact No. 5082028 / 09177285007

By:

MARIANIE C. TANATE
PTR No. 0126412/ 1-3-2018/Iloilo City
 IBP Lifetime Mem. No. 0986661/6-24-2015/Iloilo Chapter
Attorney’s Roll No. 63444
MCLE Compliance No. V-0014908

WITH MY CONFORMITY:

______________________
PROVINCIAL PROSECUTOR