REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

10th Judicial Region
BRANCH 10
Malaybalay City

PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 27234-15

Plaintiff,
For: VIOLATION OF
-versus- SECTION 11 OF RA 9165

ALLAN BACHOCO y JAMEN

Accused
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MOTION FOR PARTIAL RECONSIDERATION WITH

PRAYER FOR THE RELEASE OF ACCUSED

ACCUSED MOVANT, by counsel most respectfully states that:

1. Counsel for the accused received on December 19, 2018 a copy of the
Judgment dated November 20, 2018 issued by the Honorable Court;

2. The accused was found by the Honorable Court guilty of the crime
of violation of Section 12 of RA 9165 and was meted a penalty of Six
(6) months and One (1) day to Two (2) years, Eleven (11) months,
and Twenty Nine (29) days of imprisonment, and a fine of P
10,000.00. Accused is also credited of the period that he is under
preventive detention1;

3. The Drug Dependency Examination Report issued on December 13,

2018 by Dr. Maria Nena M. Radaza-Penaranda, Psychiatrist reveals
that the accused is mentally fit and diagnosed with “No Substance
Use Disorder”. The DDE Report was received by the Court on
December 13, 2018 and attached to the record of the case, a copy
thereto is hereto appended as Annex “A”;

4. Counting the date of the detention of the accused from September 5,

2015 to date, the accused have been in detention for Three (3) years,
Three (3) months and Fifteen (15) days. The accused likewise earned

1
Judgment dated November 20, 2018.

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 good conduct while in detention and for all intents and purposes
have served his sentence;

5. The accused is financially in distress, poor and destitute, has no

property and could not afford the P 10,000.00 fine meted by the
Honorable Court;

6. The Judgment has not attained finality and may be modified by the
Honorable Court to allow subsidiary imprisonment for the unpaid
fine due to the insolvency of the accused;

WHEREFORE, it is most respectfully prayed to this Honorable Court

that the Judgment in the above-entitled case be partially modified to allow
subsidiary imprisonment for the penalty of P 10,000.00 fine meted by the
Court. It is likewise prayed that an Order of Release of the accused who
have served more than the maximum penalty of imprisonment imposed
by the Honorable Court.

Other reliefs that are consistent in law and equity are likewise prayed.
December 20, 2018 in Don Carlos for Malaybalay City, Bukidnon.

ATTY. FLORENTINE T. GARAY

Counsel for the Accused/Movant
Roll No. 65136; IBP Lifetime No. 015158
PTR No. 6430077, 01-03-2018; TIN-199-588-890
MCLE Compliance No. VI - 0001711

F. T. Garay Law Office

Door 2, FS Garay Bldg., Sayre Highway,
Don Carlos, Bukidnon 8712
Mobile No. 09177192662
Email address: ftgaray@gmail.com

Copy furnished by personal service to:

MCP CLAVER C. ARIÑO

OFFICE OF THE CITY PROSECUTOR
Hall of Justice, Capitol Grounds
Malaybalay City, Bukidnon

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