23-11-22 Motion To Release Cash Bond Ad Cautelam

Republic of the Philippines
First Judicial Region

REGIONAL TRIAL COURT
Branch __, Baguio City
PEOPLE OF THE
PHILIPPINES,
Plaintiff,
Criminal Case No. 123456-R
-versus- For: Estafa under Article 315,
par. 2 (a) of the Revised Penal
ABCDEF and GHIJK Code
Accused.
x-----------------------------------------x
MOTION TO RELEASE CASH BOND AD

CAUTELAM
Accused GHIJK, by counsel, most respectfully submits this
instant Motion to Release Cash Bond Ad Cautelam based on the
following averments:
1. On 10 November 2023, Accused, through the

undersigned counsel received a copy of the Resolution dated 27
October 2023, GRANTING the Demurrer to Evidence filed by the
accused on 22 May 2023, the dispositive portion of which reads:
“WHEREFORE, in consideration of the

foregoing facts and jurisprudence, the Demurrer to
Evidence of Accused GHIJK is hereby GRANTED.
Consequently, this case is hereby DISMISSED as to
Accused GHILK and he is thus ACQUITTED of the
crime of Estafa under Article 315 paragraph 2-A of the
Revised Penal Code for insufficiency of evidence to
prove his guilt beyond reasonable doubt.
As to the Demurrer to Evidence of Accused

ABCDEF, the same is hereby DENIED for lack of
merit. Consequently, let the initial presentation of
defense evidence proceed on 19 January 2024 at 2:00
o’clock in the afternoon.
SO ORDERED.”
2. At the outset, it is elementary that a judgment of acquittal
is final and unappealable.1 On the other hand, the grant of demurrer
amounts to an acquittal and hence, likewise final and unappealable.
3. The Court correctly ruled in the case of People v. Go2, that,

"the grant of a demurrer to evidence amounts to an acquittal and
cannot be appealed because it would place the accused in double
jeopardy. The order is reviewable only by certiorari if it was issued
with grave abuse of discretion amounting to lack or excess of
jurisdiction."
4. Paragraph 1, Section 23, Rule 119 of the Rules of Criminal

Procedure describes the nature and effect of a demurrer to evidence,
to wit:
“Section 23. Demurrer to evidence. — After the

prosecution rests its case, the court may dismiss the
action on the ground of insufficiency of evidence (1)
on its own initiative after giving the prosecution the
opportunity to be heard or (2) upon demurrer to
evidence filed by the accused with or without leave of
court.”
5. In the case of Dayap vs. Sendiong3, the Supreme Court

ruled that the grant of a demurrer to evidence is tantamount to an
acquittal and the dismissal order may not be appealed because this
would place the accused in double jeopardy, to wit:
“The demurrer to evidence in criminal cases, such as

the one at bar, is [‘]filed after the prosecution had
rested its case,[‘] and when the same is granted, it calls
[‘]for an appreciation of the evidence adduced by the
prosecution and its sufficiency to warrant conviction
beyond reasonable doubt, resulting in a dismissal of
the case on the merits, tantamount to an acquittal of
the accused.[‘] Such dismissal of a criminal case by the
grant of demurrer to evidence may not be appealed,
for to do so would be to place the accused in double
jeopardy.”
6. In addition, in the case of Ong vs. People4, the Supreme

Court ruled that once the court grants the demurrer, such order
1
People v. Hon. Laguio, Jr., G.R. No. 128587, March 16, 2007
2
G.R. No. 191015, August 6, 2014
3
G.R. No. 177960, 29 January 2009.
4
G.R. No. 140904, 09 October 2000.
amounts to an acquittal and any further prosecution of the accused
would violate the constitutional proscription on double jeopardy.
7. In the case of Sanvicente vs. People5, the Supreme Court

ruled that an order of dismissal arising from the grant of a demurrer
to evidence cannot be reversed unless the order was issued with
grave abuse of discretion amounting to lack or excess of
jurisdiction.
8. In the case at bar, Kit filed his Demurrer (To the

Prosecution’s Evidence) with leave of Court on 22 May 2023.
Subsequently, the Honorable Court issued Resolution dated 27
October 2023 (“Resolution”) granting Kit’s’ Demurrer.
9. Thus, the Resolution is tantamount to an acquittal of

Kit. The Resolution may not be appealed or reconsidered and Kit
may not be placed under any further prosecution because this
would put Kit in double jeopardy.
10. Accordingly, the Resolution of the Honorable Court

granting the Accused’s Demurrer to Evidence and acquitting him of
all charges being final and unappealable, there is no need for the bail
bond filed for the Accused GHIJK’ provisional liberty, and thus, it is
most respectfully prayed of this Honorable Court that the bail bond
covered by be released.
PRAYER
WHEREFORE, premises considered, Accused GHIJK prays of

the Honorable Court to issue an Order to:
1. RELEASE the bail bond in the amount of THREE

HUNDRED THOUSAND PESOS (Php300,000.00)
2. ORDER the release of the cash bond of the accused

to his duly authorized representative/Attorney-in-Fact6.
Other just and equitable reliefs under the premises are likewise
prayed for.
27 February 2023. Pasig City for Baguio City.
5
G.R. No. 132081, 26 November 2002.
6
A copy of the accused’s Special Power of Attorney is attached as Annex “A”
HIJKLM LAW OFFICE
Counsel for the Accused GHIJK
By:
ABCD EFG HIJKLM
Copy furnished:
OFFICE OF THE CITY PROSECUTOR

Baguio City Hall, City Hall Dr.,
Baguio, 2600 Benguet
EXPLANATION
(Pursuant to Section 7, Rule 13 of the 1997 Revised Rule of Civil
Procedure)
In compliance with Section 7, Rule 13 of the 1997 Revised Rules

of Civil Procedure, as amended, counsel respectfully manifests that
copies of this Motion were served upon the foregoing addressees by
registered mail or private courier in lieu of personal service, due to
temporary lack of manpower, distance, traffic and lack of material
time. (Please disregard if personally served).
ABCD EFG HIJKLM

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Republic of the Philippines

First Judicial Region

MOTION TO RELEASE CASH BOND AD

1. On 10 November 2023, Accused, through the

“WHEREFORE, in consideration of the

As to the Demurrer to Evidence of Accused

3. The Court correctly ruled in the case of People v. Go2, that,

4. Paragraph 1, Section 23, Rule 119 of the Rules of Criminal

“Section 23. Demurrer to evidence. — After the

5. In the case of Dayap vs. Sendiong3, the Supreme Court

“The demurrer to evidence in criminal cases, such as

6. In addition, in the case of Ong vs. People4, the Supreme

7. In the case of Sanvicente vs. People5, the Supreme Court

8. In the case at bar, Kit filed his Demurrer (To the

9. Thus, the Resolution is tantamount to an acquittal of

10. Accordingly, the Resolution of the Honorable Court

WHEREFORE, premises considered, Accused GHIJK prays of

1. RELEASE the bail bond in the amount of THREE

2. ORDER the release of the cash bond of the accused

27 February 2023. Pasig City for Baguio City.

ABCD EFG HIJKLM

OFFICE OF THE CITY PROSECUTOR

In compliance with Section 7, Rule 13 of the 1997 Revised Rules

ABCD EFG HIJKLM

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