REPUBLIC OF THE PHILIPPINESSANDIGANBAYAN

QUEZON CITY

PEOPLE OFPHILIPPINES,

Criminal Cases Nos. SB-17-CRM-0642 to 0643For: Violation of Section 3(e) ofRepublic Act (R. A.) No. 3019

Criminal Cases Nos. SB-17-CRM-0644 to 0645For: Malversation throughFalsification and Malversationof Public FundsMARC DOUGLAS CHAN

CAGAS IV, et. aL,

CABOTAJE-TANG, PJFERNANDEZ, SJ., 1 J. andFERNANDEZ, B., J.

For resolution is accused Johanne Edward B. Labay's ExAbundanti Ad Cautelum Urgent Motion for (1) Approval of

/J1The incident was submitted for resolution when J. Sarah Jane T. Fernandez, now Chairperson of the Sixth kDivision pursuant to Administrative Order No. 314-2017 dated September 13, 2017, was still the senior IV Umember of the Third Division.

ResolutionCriminal Cases Nos. SB-17 -CRM-0642 to 0645People vs. Cagas IV, et. ai.X------------------------------------------------------------------ x

Property Bond and (2) Reduction of Recommended Bail datedJuly 18,2017.2

In his urgent motion, accused Labay prays that the Courtallow him to post bail through a property bond pursuant toSection 11, Rule 114 of the Rules of Court. In support of hisurgent motion, he attaches the following documents: (1)Transfer Certificate of Title (TCT)No. 001-2015000989 in thename of Jo Blanca P. B. Labay; (2) undertaking of Jo BlancaLabay stating, among others, that she is the daughter of theaccused and the registered owner of the lot cover by the saidTCT; (3) Barangay Clearance issued to the accused; (4)Declaration of Real Property Value; (5) Real Property TaxReceipt; and (6) Deed of Absolute Sale dated April 16, 2014,executed by spouses Alpajora and Jo Labay.

Accused further prays for a reduction of his bail to anamount that shall be covered by the market value of theaforesaid property which is P305,816.00 as shown by the taxdeclaration, considering that he is "at the retirement age ofsixty-two (62) years old, as in fact, accused is already inretirement frompublic sector and has no steady and/ or regularmeans of income." Accused Labayalso undertakes to cause theannotation of the lien on the aforesaid TCT on file with theRegistry of Deeds of Caloocan City after the approval of thebond.

In its Comment, the prosecution claims that it still in theprocess of verifyingwith the appropriate government agenciesthe real property subject of accused Labay's motion. However,it claims that accused Labay's urgent motion has been renderedmoot by his subsequent posting of cash bail in the amount ofP300,000.00 on July 28, 2017, although he filed amanifestation that the posting ofcash bond is without prejudiceto the resolution of the subject motion.3

The Court notes that except for the Undertaking datedJuly 17, 2017, executed by Jo Blanca P.B. Labay, all thedocuments attached to accused Labay's motion are merephotocopies. Thus, the Court has no way of ascertaining theirgenuineness and due execution in order that it can properly actonthesubjectmoti/4

~i2 pp. 214-222, Record, Vol. II3 pp. 292-294, Record, Vol. II

ResolutionCriminal Cases Nos. SB-17-CRM-0642 to 0645People vs. Cagas IV, et. ai.X---------------------------- -------------------------------------- x

WHEREFORE, the Court DIRECTS accused JohanneEdward B. Labay to submit certified true copies of thedocuments attached to his Ex Abundanti Ad Cautelum UrgentMotion for (1) Approval of Property Bond and (2) Reduction ofRecommended Bail. Meantime, the Court hereby defers furtheraction on the said urgent motion.

SO ORDERED.Quezon City, Metro Manila