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    Republic of The Philippines Regional Trial Court

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    Eugenio
    1) The accused, Dino C. Balajo, pleaded guilty to violating Section 15, Article II of R.A. 9165 or Use of Dangerous Drugs and was sentenced to undergo mandatory 6 months rehabilitation. 2) The accused has been in detention since September 7, 2015, exceeding the 6 month rehabilitation period by over 4 years. 3) Based on jurisprudence, the accused should be considered to have served the mandatory rehabilitation period given the length of his detention. Therefore, the defense motion asks the court to consider the accused's detention as service of his sentence and order his release.

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    Republic of The Philippines Regional Trial Court

    Uploaded by

    Eugenio
    68 views4 pages
    1) The accused, Dino C. Balajo, pleaded guilty to violating Section 15, Article II of R.A. 9165 or Use of Dangerous Drugs and was sentenced to undergo mandatory 6 months rehabilitation. 2) The accused has been in detention since September 7, 2015, exceeding the 6 month rehabilitation period by over 4 years. 3) Based on jurisprudence, the accused should be considered to have served the mandatory rehabilitation period given the length of his detention. Therefore, the defense motion asks the court to consider the accused's detention as service of his sentence and order his release.

    Original Description:

    MANIFESTATION

    Original Title

    manifestation-with-motion-to-release-balajo-copy[1]

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    1) The accused, Dino C. Balajo, pleaded guilty to violating Section 15, Article II of R.A. 9165 or Use of Dangerous Drugs and was sentenced to undergo mandatory 6 months rehabilitation. 2) The accused has been in detention since September 7, 2015, exceeding the 6 month rehabilitation period by over 4 years. 3) Based on jurisprudence, the accused should be considered to have served the mandatory rehabilitation period given the length of his detention. Therefore, the defense motion asks the court to consider the accused's detention as service of his sentence and order his release.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    68 views4 pages

    Republic of The Philippines Regional Trial Court

    Uploaded by

    Eugenio
    1) The accused, Dino C. Balajo, pleaded guilty to violating Section 15, Article II of R.A. 9165 or Use of Dangerous Drugs and was sentenced to undergo mandatory 6 months rehabilitation. 2) The accused has been in detention since September 7, 2015, exceeding the 6 month rehabilitation period by over 4 years. 3) Based on jurisprudence, the accused should be considered to have served the mandatory rehabilitation period given the length of his detention. Therefore, the defense motion asks the court to consider the accused's detention as service of his sentence and order his release.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    Second Judicial Region


    REGIONAL TRIAL COURT
    Santiago City
    Branch 35

    THE PEOPLE OF THE PHILIPPINES,


    Plaintiff,
    CRIM. CASE No. 35-9343
    -versus- For: Violation of
    Section11, Article II, R.A. No.
    9165
    Dino C. Balajo,
    Accused.
    x---------------------------------x

    MOTION TO RELEASE with MANIFESTATION

    Comes Now, Accused, through the undersigned Public


    Attorney, respectfully states:

    1. On June 1, 2018, the accused was re-arraigned and pleaded


    GUILTY to SECTION 15, ARTICLE II of R.A. 9165 or Use of
    Dangerous Drugs;

    2. The accused was sentenced to undergo mandatory 6 months


    rehabilitation, as provided for under R.A. No. 9165 or the
    Comprehensive Dangerous Drugs Act of 2002;

    3. That in the case of People vs. Roselle Santiago, G.R. No.


    191061, February 9, 2011, the court held:

    1
    “As for the other offense, her violation of Section 15
    (Use of Illegal Drugs), it is curious that the CA still
    entertained her appeal from it despite the fact that she
    pleaded guilty to the charge and did not ask the trial
    court to allow her to change her plea. At any rate, since
    she has been under detention at the Correctional
    Institute for Women since 2005 and presumably
    deprived of the use of illegal substance during her
    entire stay there, she should be deemed to have
    served the mandatory rehabilitation period that the
    RTC imposed on her.”

    4. The Accused has been in detention since September 7, 2015


    or for a period of 4 years and 11 months and 21 days, as
    evidenced by his Certificate of Detention hereto attached as
    “Annex A”;

    5. In view of the foregoing, the accused has already exceeded


    the 6 months period of mandatory rehabilitation;

    6. Hence, with the indulgence and generosity of this Honorable


    Court, the accused prays that the penalty of mandatory
    rehabilitation imposed upon him be considered SERVED.

    PRAYER

    WHEREFORE, premises considered, Accused fervently prays


    that the Honorable Court will consider the period of his
    detention as service of sentence for being in detention for more
    than 6 months or for a period of 4 years and 11 months and 21
    days, exceeding the 6 months mandatory rehabilitation.

    2
    Accused, likewise, prays that he be released from detention.

    Other reliefs, just and equitable under the circumstances, are


    likewise prayed for.

    Respectfully Submitted.

    Santiago City, Philippines. August 28, 2020.

    PUBLIC ATTORNEY’S OFFICE


    Hall of Justice, San Andres, Santiago City

    COUNSEL FOR THE DEFENDANT


    By:

    _________________________________
    ATTY. JUNE RUDINI L. TOMAS-ROSALES
    Public Attorney I
    Roll No. 68918
    IBP Lifetime Member No. 017519
    Isabela Chapter
    MCLE Compliance No. VI - 00185451

    1
    Valid until April 14, 2022

    3
    NOTICE OF HEARING

    Branch Clerk of Court


    RTC Branch 35

    Greetings!
    Please take notice that the undersigned shall submit the
    foregoing motion for the Court to resolve on September 9, 2020,
    8:30 o’clock in the morning.

    Atty. June Rudini L. Tomas-Rosales

    Copy Furnished:
    Hon. Rizaldy P. Tierra
    Office of the Provincial Prosecutor

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