Sample Motion for Release on Recognizance


REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch 43, Manila

HONORABLE JUDGE MANUELA LORENZO

People of the Philippines,

         - versus -
CRIMINAL CASE NO. 02-199883
Name of Child, Age,
                            Child.
x - - - - - - - - - - - - - - -x

MOTION FOR RELEASE ON RECOGNIZANCE
With Entry of Special Appearance

     THE above-named child, through counsel, who hereby respectfully enters a special appearance solely for the purpose of securing his provisional liberty, unto this Honorable Court, invoking his special entitlement as a child under Philippine and international law, respectfully moves for his release on recognizance, on the ground that, to wit:

1. The child hereby respectfully applies for release on recognizance pursuant to the Rule on Juveniles in Conflict with the Law [Administrative Memorandum No. 02-1-18-SC], issued by the Honorable Supreme Court, providing for the following, thus, to wit: 

"Section 16. - When Bail A Matter of Right. - xxx However, where the juvenile does not pose a threat to public safety, the Family Court may, motu proprio or upon motion and recommendation of the DSWD, release the juvenile on recognizance to the custody of his parents or other responsible person."

2. This motion is also in line with Article 191 of Presidential Decree 603, otherwise known as the Child and Youth Welfare Code, as amended, and Section 8 of the Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, mandating law enforcers to divert and turn over children at the point of arrest to the custody of social workers and/or responsible members of the community, and Section 8 of Republic Act 8369 or the Family Courts Act of 1997, providing children with alternatives to imprisonment such as community continuum, counseling, conflict resolution seminars, essay writing, apology, community service, etc.;

3. The said child failed to post the required bail bond;

4. MRS. Name of Mother and/or other proposed custodian, mother of the said child, residing at ____________________________________, Manila, is willing to take the said child into her own custody pending the trial of this case;

5. The said parent hereby undertakes to guarantee the child’s appearance whenever so required before this Honorable Court, pursuant to the herewith attached Affidavit of Undertaking executed by her and marked as Annex A;

6. The pertinent provisions of the Family Courts Act of 1997 (Republic Act 8369), together with its progenitor, the UN Convention on the Rights of the Child and other international instruments, accord special protection to children accused of violating the law;

7. The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), specifically Article 13.1 thereof, provides:

"13. Detention Pending Trial.
13.1. Detention pending trial shall be used only as a measure of last resort and for the shortest possible period."

8. By virtue of the Beijing Rules and in the advent of the Family Courts Act of 1997, detention should be undertaken by the state only as a measure of last resort and only for the shortest possible period;

9. Both international human rights law and Philippine laws mandate the state to observe the best interest of the child principle (UN Convention on the Rights of the Child) as well as the principle of diversion enshrined under Section 8 of the Family Courts Act of 1997 (RA 8369) and under Sections 4 (f-g) and Sections 20-24 of the Rule on Juveniles in Conflict with the Law as well as Article 11, Section 11.1 to 11.4 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) in order to avoid the contact of children and youth with the criminal justice system which criminological findings show merely traumatize, criminalize, and alienate them from society.


PRAYER


     WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that the above-named child be released on recognizance pending the trial of the instant case.

      Other just and equitable remedies are likewise prayed for.

      Manila, October 28, 2006.
      Respectfully submitted.



(Sgd.) Perfecto Caparas
Counsel for Child Movant
Coalition to Stop Child Detention Through Restorative Justice
Attorneys Roll No. 39200
IBP Lifetime Membership Roll No. 00277/IBP Manila III Chapter


NOTICE OF HEARING


THE ASSISTANT CITY PROSECUTOR

OFFICE OF THE PROSECUTOR

City Hall, Arroceros, Manila

Greetings:

     Please take notice that the undersigned shall submit the foregoing for the consideration and approval of the Honorable Court immediately on ________________, 2006, at 8:30 a.m., or as soon thereafter as the Honorable City Prosecutor may properly be heard thereon.



(Sgd.) Perfecto Caparas



Sample Affidavit of Undertaking - Recognizance



REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA ) S.S.

AFFIDAVIT OF UNDERTAKING


I, Name of mother and/or other proposed custodian of the child, of legal age, married, with residence and postal address at ____________________________, Manila, after being duly sworn to in accordance with law, hereby depose and say:

1. I am the mother/father of Name of child, 15 years old, who is charged with Viol. of PD 1619 before the City of Manila, Regional Trial Court (Br. 43);

2. The above named child is under my custody and care at the time of his arrest allegedly for the said offense;

3. I am ready and willing to assume and fulfill my duty and responsibility to supervise and guide the said child during his release on recognizance pursuant to the provisions of the Child and Youth Welfare Code and the Family Courts Act of 1997;

4. I am likewise solemnly promising and undertaking before this Honorable Court to produce and present the said child before this Honorable Court whenever required to do so during the pendency of the above-cited case in order to answer for the said charge.

WHEREFORE, in order to attest to the truth of the foregoing, I am hereby affixing my signature to this Affidavit of Undertaking this ______ day of October, 2006 in Manila.

(Sgd.) Name of mother and/or proposed custodian
Affiant


       PERSONALLY CAME and appeared before me, Name of mother/proposed custodian, exhibiting to me her Community Tax Certificate No. _______________________, issued on date of issuance of CTC, 2006, in Manila, Philippines, known to me to be the same person who executed the foregoing undertaking, and acknowledged that the same is her free act and voluntary deed, this 28th day of October, 2006, in the City of Manila.

WITNESS MY HAND AND SEAL.

(Sgd.) Notary Public


Doc. No. ________;
Page No. ________;
Book No. _______;
Series of 2006


Sample Special Power of Attorney to Sell Parcel of Land



SPECIAL POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENTS:

I, ____________________, of legal age, single/married, Filipino, with residence at ______________________________ 
do hereby appoint, name and constitute ________________________, likewise of legal age, singe/married, with residence at ________________________________ to be my true and lawful attorney in-fact to act, for and in my stead, to do and perform the following acts deeds and things, to wit:

1. To sell, assign and dispose of a parcel of land covered by TCT No. _____________________ , situated at _____________________ including the improvements thereon under such terms and conditions acceptable to my Attorney-in-Fact;

2. To sign, execute and deliver the necessary Deed of Sale covering such sale including any and all documents that may be necessary or required thereto and to deliver possession of the property to said vendee;

3. To receive the proceeds of the sale, either in cash or in check and to pay expenses for capital gains, real property tax and any and all such expenses that may be agreed upon between the vendee; 

4. To do such any other act or thing that may be required necessary or incidental to carry out effectively any and all of the purposes for which this authority is hereby given;

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority to do and perform any and every act, and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could lawfully do if personally present and hereby ratifying and confirming all that my said attorney-in-fact shall lawfully do or cause to be done by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of ____________________, 2015 at ________________.

                                                          ______________________
                                                                     Principal                                   
Conforme:


_____________________
      Attorney-in-fact


SIGNED IN THE PRESENCE OF:

              ______________________              ______________________


ACKNOWLEDGMENT

Republic of the Philippines)
Quezon City, Metro Manila ) S.S.

BEFORE ME, a Notary Public, for and in Quezon City, this _______ day of _________________________ personally appeared:

              Name                             Identification Card          Issued On/At

        ____________________     ________________      _____________   
        ____________________     ________________      _____________   

all known to me to be the same persons who executed the foregoing instrument consisting of ____ pages, including this page on which this acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed.

           WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. ____
Page No. ____
Book No. ____
Series of 2015.


Sample Final Demand Letter to Vacate


Date __________


Name of respondent
Address


Dear Mr./Mrs/Ms _________

It has been 30 days since you received my letter dated ______ and still, you have failed to pay and still refuses to pay your arrears which have now amounted to NINETY ONE THOUSAND PESOS (P 91,000.00) .

Please be reminded that I have sent you several letters of demand for you to pay your back rentals and to vacate the premises but the same letters have been left unanswered. Consider this then, as my last and final demand for you to pay your account within five (5) days from receipt and to VACATE the premises within ten (10) days from receipt of this notice. Otherwise, I shall be constrained to commence suit to protect my interests.


Very truly yours,

_______________

BIR Form No. 1702

Affidavit of Good Faith



AFFIDAVIT OF GOOD FAITH


We, the undersigned MORTGAGOR AND MORTGAGEE hereby jointly and severally swear that we executed the foregoing Chattel Mortgage for the purpose of securing the obligation/s specified in the provisions hereof, and for no other purpose and that the same is/are just valid obligation/s and not entered into for the purpose of fraud.    


_________________________                _________________________
     Mortgagor                                            Mortgagee

Affidavit of Low Income Sample


Republic of the Philippines          )
Province of Camarines Sur          ) SS.
Municipality of Goa                         ) 
x- - - - - - - - - - - - - - - - - - - - - - - -x


AFFIDAVIT OF LOW INCOME


We, Spouses DONGDONG A. DANTES and MARIAN B. RIBERA, both of legal age, Filipino citizens and residents of Brgy. Gimaga, Goa, Camarines Sur, Philippines, after having been duly sworn to in accordance with law hereby depose and state THAT:

1.  We are the legitimate parents of DINGDING R. DANTES, a high school graduate who is applying for a CHED Scholarship Program;

2.   As seasonal farmer and housekeeper, respectively, we are low income earners;

3.  Our annual income of FIFTY FIVE THOUSAND PESOS (P55,000.00) is so meager and only enough to cover our daily needs;  

4.  We executed this affidavit to attest to the veracity of the above and in support to our son's application for a scholarship program.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this ____day of ____________ 2015 at ____________, Philippines.


DONGDONG A. DANTES                                 MARIAN B. RIBERA
      Affiant                                                  Affiant


SUBSCRIBED AND SWORN TO before me this ___ day of _______ at _______________ affiants exhibited to me their SSS Identification Card Nos. 1234 and 4567 issued on March 6, 2012 and April 8, 2012, respectively, in Goa, Camarines Sur.

Doc. No. .......
Page No. .......                                                     Notary Public
Book No. ......
Series of 2015.