People vs.
Cabral The grant or denial of an
G.R. No. 131909 18 February 1999
Facts:
Accused Odiamar was charged
with rape upon the complaint of
Cecille Buenafe. In a bid to secure a
temporary liberty, accused-
respondent filed a motion praying
that he be released on bail which
the petitioner opposed by
presenting real, documentary and
testimonial evidence. The lower
court however, granted the motion
to bail on the ground that the
evidence is not strong.
Believing that the accused-
respondent was not entitled to bail
as the evidence against him was
strong, the prosecution filed two
motions which the lowered court
disposed of.
On appeal before the CA, the CA
denied the petition.
Issue: Whether the CA acted with
grave abuse of discretion
amounting to lack or excess of
jurisdiction in the issuing the
assailed decision and resolution
despite a showing by the
prosecution that there is strong
evidence proving respondent’s
guilt for the crime charged.
Ruling:
Yes,
whether or not the prosecution
application for bail is dependent on refuses to present evidence to
whether the evidence of guilt is show that the guilt of the accused
strong which the lower court is strong for the purpose of
should determine in a hearing enabling the court to exercise its
called for the purpose. discretion.
In this case, accused- respondent Decide whether the evidence of
was being charged with rape guilt of the accused is strong based
qualified by the use of deadly on the summary of evidence of the
weapon punishable by reclusion prosecution;
perpetua to death.
If the guilt of the accused is not
As such, bail is discretionary and strong, discharge the accused upon
not a matter of right. the approval of the bailbond.
Otherwise, petition should be
The grant or denial of an denied.
application for bail is, therefore
dependent on whether the
evidence of guilt is strong which
the lower court should determine .
in a hearing called for the purpose.
The determination of whether the
evidence of guilt is strong , in this
regard, is a matter of judicial
discretion.
While the lower court would never
be deprived of its mandated
prerogative to exercise judicial
discretion, this court would
unhesitatingly reverse the trial
court’s findings if found to be laced
with grave abuse of discretion.
Wherefore petition is granted.
Duties of judge in case an
application for bail is filed:
Notify the prosecutor of the
hearing of the application for bail
or require him to submit his
recommendation;
Conduct a hearing of the
application for bail regardless of