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

Source: http://coalitiontostopchilddetention.blogspot.com