REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 13 LAOAG CITY
PEOPLE OF THE PHILIPPINES, Criminal Case No.: 23-1201
Complainant
-versus – - for –
JOSEPH GUILLERMO Y OASAY, lllegal Possession of Firearm and
Accused Ammunitions
x x (Violation of R.A. 10591 Section 28)
PETITION FOR BAIL
Accused, through the undersigned counsel, unto this Honorable Court, respectfully
states:
1. That accused is currently detained at the Ilocos Norte Provincial Jail for the charge
of lllegal Possession of Firearm and Ammunition and has been behind bars since
his arrest on October 17, 2023;
2. That no bail has been recommended for his temporary release on the assumption
that the evidence of guilt is strong;
3. That the prosecution's evidence of guilt against the accused, however, is weak as
there is no direct evidence that will point to the accused having committed the
charges against him. The records will show that the accused was maliciously
implicated in the case through the sworn statements of FELIZA CORAZON Y
RICARDO who subsequently recanted their testimonies and confessed, among
others, that they were made to sign the "affidavits of witnesses" against their will
4. That there is no other physical or documentary evidence to show that the accused
is guilty of the crime charged;.
5. That the burden of showing that evidence of guilt is strong is on the prosecution,
and since this fact is not satisfactorily shown, the accused is entitled to bail as a
matter of right during the pendency of the criminal case.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed of this Honorable
Court that accused JOSEPH GUILLERMO Y OASAY be allowed to post bail for his
temporary liberty pending trial of the criminal charge against him.
Other just and equitable reliefs are likewise prayed for.
Respectfully submitted.
15 November 2023
City of Laoag.
ATTY. ZEI-ANN AGCAOILI
Counsel for the Accused
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NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Regional Trial Court, Branch 13
Laoag City
Greetings!
Please submit the foregoing motion to the Honorable Court on November 15 2023 at
9:00 in the morning for its favorable consideration and approval.
Copy furnished by personal service:
PROSECUTOR ALTHEA RAYMUNDO
Office of the City Prosecutor, Laoag City
ATTY. ZEI-ANN AGCAOILI
Private Prosecutor
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REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 13 LAOAG CITY
PEOPLE OF THE PHILIPPINES, Criminal Case No.: 23-1201
Complainant
-versus – - for –
JOSEPH GUILLERMO y OASAY, lllegal Possession of Firearm and
Accused Ammunitions
x x (Violation of R.A. 10591 Section 28)
MOTION TO DISMISS
Accused-movant JOSEPH GUILLERMO y OASAY, represented by his counsel
Atty. Zei-Ann Agcaoili, to this honorable court, most respectfully avers:
1. Accused Joseph Guillermo y Oasay stands charged with the violation of lllegal
Possession of Firearm and Ammunitions under the Information alleged:
“That on or about 9:00 AM, October 17, 2023,at Sitio 2, Brgy. 55-B
Vira Laoag City, Ilocos Norte, Philippines and within the jurisdiction of this
Honorable Court, the Laoag City Police Station was implemented a search
warrant by virtue of Search Warrant No.10-2023 issued by the judge Hon.
Fernando Cruz of RTC Branch 13, Loaag City, Ilocos Norte on October
16,2023. The above-named accused, did then and there, willfully,
unlawfully and feloniously pull out his Caliber .45 pistol in his waist, .45
ACP, Case length .898 in (22.8 mm), and Rim thickness .060 in (1.5 mm),
FELIZA CORAZON Y RICARDO thereby run and shouted for help. Mr.
Guillermo immediately left the scene bringing with him the firearm.”
CONTRARY TO LAW:
Based on the above-quoted Information, it appears that the allegations in
the Information is glaringly defective and should be quashed on the
ground that:
a) That the facts charged do not constitute an offense.
The said defective Information alleged:
“JOSEPH GUILLERMO y OASAY, did then and there, willfully, unlawfully
and feloniously pull out his Caliber .45 pistol in his waist, .45 ACP, Case
length .898 in (22.8 mm), and Rim thickness .060 in (1.5 mm),. “
In effect, the accused was charged with the crime of lllegal Possession of
Firearm and Ammunitions, sec. 28 of R.A. 10591 as described in the
Information. However, lllegal Possession of Firearm and Ammunitions was
not the case because the firearm was registered. Thereby, the facts
specifically the section charged do not constitute an offense.
SUBSCRIBED AND SWORN before me this 15th day of November 2023, in the
City of Laoag, Ilocos Norte, Philippines.
ATTY. ZEI-ANN AGCAOILI
Assistant Provincial Prosecutor
Roll No. 14324
IBP LIFETIME NO. 1201
MCLE Compliance No. VII-009876
Valid until 05/15/2026
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