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3. DINAPOL v BALDADO, A.M. No. RTJ-92-898 August 5, 1993 4. SANTIAGO v. VASQUEZ G.R. Nos. 99289-90 January 27, 1993
Principle: Bogo Judge cannot set the motion for bail for hearing if the accused has not yet DOCTRINE: Where after the filing of the complaint or information a warrant for the arrest of
been in the custody of the law; accordingly, the accused cannot file a motion for bail if the the accused is issued by the trial court and the accused either voluntarily submitted himself to
court has not acquired jurisdiction over them the court or was duly arrested, the court thereby acquires jurisdiction over the person of the
accused.
FACTS: voluntary appearance is accomplished either by his pleading to the merits or by filing bail.
1. Crime: Murder
FACTS
2. Respondent Judge issued a warrant for the arrest of the accused Sps. Palermo. Before the
trial court could acquire jurisdiction over their persons, accused filed a motion to grant and fix
bail which the respondent Judge set for hearing despite the vigorous opposition of the 1. May 13, 1991: Information was filed against petitioner with the Sandiganbayan for violation
complaining witness. Thereafter, the respondent Judge denied the motion because the of Section 3(e), Republic Act No. 3019
Estrañero / Galinato / Inot / Nillas / Ortiz / Quiles / Yase /
2. May 14, 1991: Sandiganbayan issued Order of Arrest with bail fixed at P15,000.00. 5. Bail, as a rule, cannot be posted before custody of the accused has been acquired by judicial
authorities either by arrest or voluntary surrender
Petitioner filed an "Urgent Ex-parte Motion for Acceptance of Cash Bail Bond for and
in Behalf of Dr. Miriam Defensor-Santiago.” Petitioner prayed that because of injuries
from a vehicular accident, she be considered as having placed herself under the
5. ALMEDA VS VILLALUZ
jurisdiction of the court for purposes of trial and other proceedings and that her bail
bond of P15,000.00 be accepted.
Sandiganbayan authorized petitioner to cash bond without need for her physical ALMEDA v. VILLALUZ (taas tan-awn pero actually mubo ra gyud na basahon guys—word by word from SC
appearance until June 5, 1991. ruling rana gipang copy paste, balik2 ang thought)
Petitioner Leonardo Almeda (alias Nardong Paa) was charged, together with five others, with the crime
3. May 21, 1991: Respondent filed a manifestation with the Sandiganbayan that accused visited
of qualified theft of a motor vehicle. The amount of the bond recommended for the provisional release
him and left unaided. Acting on this, Sandiganbayan set arraignment on May 27, 1991. of Almeda was P15,000, and this was approved by the respondent judge with a direction that it be
4. May 22, 1991: Petitioner asked that her cash bond be cancelled and she be allowed provisional posted entirely in cash. Almeda asked the trial court to allow him to post a surety bond in lieu of the cash
bond required of him. This request was denied, and so was an oral motion for reconsideration, on the
liberty upon a recognizance.
ground that the amended information imputed habitual delinquency and recidivism on the part of
Petitioner then filed a petition for Certiorari and Prohibition with Preliminary Almeda.
Injunction seeking to enjoin the Sandiganbayan and the Manila RTC from proceeding (IRRELEVANT FACT BUT FUNNY)
with criminal cases against her. At the same hearing, the respondent city fiscal, thru his assistant, reiterated his oral motion made at a
previous hearing for amendment of the information so as to include allegations of recidivism and
5. May 24, 1991: Court issued a TRO enjoining said courts. habitual delinquency in the particular case of Almeda. The trial court granted the respondent fiscal's
motion in open court. An oral motion for reconsideration was denied. Immediately thereafter, the
6. January 18, 1992: Court dismissed the petition for certiorari and lifted the TRO. assistant fiscal took hold of the original information and, then and there, entered his amendment by
7. July 6, 1992: Sandiganbayan issued a hold departure order against petitioner due to annotating the same on the back of the document. The petitioner forthwith moved for the dismissal of
the charge on the ground of double jeopardy, but this motion and a motion for reconsideration were
announcement that she would be leaving to accept a fellowship offered at Harvard University.
denied in open court.
ISSUE/S
ISSUE: Whether or not the respondent judge has the authority to require a strict cash bond and disallow
1. WON The Sandiganbayan acted without or in excess of jurisdiction and with grave abuse of the petitioner's attempt to post a surety bond for his provisional liberty.
discretion in issuing the hold departure order considering that it had not acquired jurisdiction RULING: NO. As defined in Section 1 of Rule 114 of the Rules of Court, bail is "the security required and
over the person of the petitioner. given for the release of a person who is in the custody of the law, that he will appear before any court in
which his appearance may be required as stipulated in the bail bond or recognizance." The purpose of
requiring bail is to relieve an accused from imprisonment until his conviction and yet secure his
RULING appearance at the trial.
In this jurisdiction, the accused, as of right, is entitled to bail prior to conviction except when he is
charged with a capital offense and the evidence of guilt is strong. This right is guaranteed by the
1. No. The Sandiganbayan acquired jurisdiction over the person of the petitioner and the hold Constitution, and may not be denied even where the accused has previously escaped detention, or by
departure order is valid. reason of his prior absconding. In order to safeguard the right of an accused to bail, the Constitution
further provides that "EXCESSIVE BAIL SHALL NOT BE REQUIRED." This is logical because the imposition
2. Petitioner is deemed to have voluntarily submitted herself to the jurisdiction of respondent of an unreasonable bail may negate the very right itself.
court upon the filing of her aforequoted "Urgent Ex-parte Motion for Acceptance of Cash Bail
The condition that the accused may have provisional liberty only upon his posting of a cash bond is
Bond for and in behalf of Dr. Miriam Defensor-Santiago.” Petitioner is estopped from asserting abhorrent to the nature of bail and transgresses our law on the matter. The sole purpose of bail is to
the contrary after she recognized the jurisdiction of the court and it to exercise jurisdiction over insure the attendance of the accused when required by the court, and there should be no suggestion of
her pleadings. penalty on the part of the accused nor revenue on the part of the government. The allowance of a cash
bond in lieu of sureties is authorized in this jurisdiction only because our rules expressly provide for it.
3. “Where after the filing of the complaint or information a warrant for the arrest of the accused Were this not the case, the posting of bail by depositing cash with the court cannot be countenanced
is issued by the trial court and the accused either voluntarily submitted himself to the court or because, strictly speaking, the very nature of bail presupposes the attendance of sureties to whom the
was duly arrested, the court thereby acquires jurisdiction over the person of the accused.” body of the prisoner can be delivered. And even where cash bail is allowed, the option to deposit cash in
lieu of a surety bond primarily belongs to the accused. This is clearly deducible from the language of
4. Voluntary appearance is accomplished either by his pleading to the merits or by filing bail.
section 14 of Rule 114 of the Rules of Court:
Second, as part of the power of the court over the person of the accused and for the purpose of
discouraging likely commission of other crimes by a notorious defendant while on provisional liberty, the
Petitioner then filed a motion for reconsideration stating that his minority had been proved by his
latter could be required, as one of the conditions of his bail bond, to report in person periodically to the
birth certificate which was attached to the memorandum in support of his motion for bail, showing
court and make an accounting of his movements.
that he was born on February 26, 1967, that his minority had never been challenged by the fiscal,
Third, the accused might be warned, though this warning is not essential to the requirements of due and that the offense charged, as regards petitioner, is not capital because even if convicted, he
process, that under the 1973 Constitution. "Trial may proceed notwithstanding his absence provided that could not be sentenced to death because of his minority.
he has been duly notified and his failure to appear is unjustified."
With respect to the amount of the bail bond, the trial court is well advised to consider, inter alia, the
following factors, where applicable: The Fiscal opposed the motion on the ground that the evidence of guilt is strong, but did not
contest the minority of petitioner. In his order respondent Judge denied the motion for
1. the ability of the accused to give bail
reconsideration.
2. nature of the offense;
3. the penalty for the offense charged;
4. the character and reputation of the accused
5. the health of the accused; Failing in his bid for bail, petitioner then filed a motion with the lower court praying that he be
6. the character and strength of the evidence; placed in the care and custody of the Ministry of Social Services and Development (MSSD) pursuant
7. the probability of the accused's appearance or non-appearance at the trial; to Article 191 of Presidential Decree No. 603 (Child and Youth Welfare Code)
8. forfeiture of previous bonds;
9. whether the accused was a fugitive from justice when arrested; and
10. whether the accused is under bond for appearance at trial in other cases Respondent judge denied the motion for lack of merit. Explaining that the quoted Article 191 is not
applicable since it could be invoked only where the minor is charged with a bailable offense, as
could be gleaned from the phrase "if unable to furnish bail."
6. MANOTOC V. CA
Subsequently the NBI Regional Office at Naga City submitted its report, copy of which was sent to
the City Fiscal of Naga. It found that it was the prosecution witness, Ferdinand del Rosario, and not
the petitioner, who killed the deceased Ramon Abiog. When the murder case was next called for
hearing on October 19, 1983, the defense unilaterally moved orally that the trial of petitioner be
7. TEEHANKEE VS DIRECTOR OF PRISONS reset in order to give the City Fiscal more time to study the NBI report, but the motion was denied
as dilatory.
petitioner has filed the instant petition for certiorari and mandamus, with two supplementary
8. COMENDADOR VS. DE VILA petitions, seeking the release of petitioner on bail or his transfer to the custody of the MSSD
pending trial pursuant to Article 191 of PD No. 603. In view of the aforesaid NBI report, the petition
also seeks the issuance of a writ of mandamus commanding respondent Judge to remand the case
9. BRAVO VS. BORJA to the City Fiscal of Naga for reinvestigation.
5. On 29 November 1988, a new information signed by Acting Fiscal Brocoy carrying also a NO BAIL
The charge against petitioner is murder qualified by treachery and attended by two aggravating
recommendation, was filed with the court without the necessary supporting affidavits and papers.
circumstances: evident premeditation and nocturnity. Punishable by reclusion temporal in its
maximum period to death, the crime is therefore a capital offense. The case was erroneously assigned to Branch IV of the RTC of Butuan City, where the original
information prior to its withdrawal was assigned. The accused filed a Motion to Dismiss and/or
Opposition to the Issuance of a Warrant of Arrest Without Bail, and in the alternative, accused sought
Nevertheless, where it has been established without objection that the accused is only 16 years the fixing of bail for their temporary release.2 Said motion was set for hearing on 15 December 1988.
old, it follows that, if convicted, he would be given "the penalty next lower than that prescribed by
law," which effectively rules out the death penalty.
6. Respondent-judge, issued an order of 8 December 19883 in his capacity as Executive Judge,
directing the raffle of the case with due notice to the parties. Without conducting any prior hearing,
The Constitution withholds the guaranty of bail from one who is accused of a capital offense where in the same order of 8 December 1988, respondent judge directed the issuance of a warrant of arrest
the evidence of guilt is strong. This reason does not hold where the accused has been established against the accused, fixing at the same time the bail for accused Calo, Jr. and Allocod at P50,000.00
without objection to be a minor who by law cannot be sentenced to death. each; however, no bail was recommended for the temporary release of accused Macapas. Respondent
judge fixed bail for the temporary release of accused Calo, Jr. and Allocod on the ground that they
were not charged as co-principals by cooperation or inducement, and that the evidence of guilt against
It results that petitioner is entitled to bail as a matter of right, which makes it unnecessary to
decide whether he, being a minor, is entitled to be placed pending trial in the care and custody of them was merely circumstantial.
the MSSD pursuant to Article 191 of P.D. No. 603.
7. On 14 December 1988, a petition for certiorari was filed by herein complainant with the Court of
10. Libarios vs. Dabalos Appeals, assailing the 8 December 1988 order of respondent judge, docketed as CA-G.R. SP No. 16383.
In response to the urgency of the petition, a resolution dated 20 December 1988 was issued by the
FACTS:
Court of Appeals restraining the execution and implementation of the assailed order, pending the
1. On 10 March 1988, former Mayor Mariano Corvera, Sr. was shot by Pablo Macapas inside the resolution of the petition on the merits. However, on 26 December 1988, respondent judge and Calo,
courtroom of respondent Judge Dabalos, after a hearing in a frustrated murder case against said Pablo Jr. informed the Court of Appeals that accused Calo, Jr. and Allocod had already put up their respective
Macapas. Corvera, Sr. was the private complainant in the aforesaid criminal case, while Mayor bail bonds of P50,000.00 as of 9 December 1988 and that both have been released, thus rendering
Tranquilino Calo, Jr. was appearing as counsel of Macapas. As a result of the killing of Corvera Sr., a the primary objective of the CA temporary restraining order moot and academic.
formal charge of murder (I.S. No. 88-138) was filed with the City Fiscal's Office of Butuan City against
8. On 31 January 1989, the Court of Appeals rendered a decision4 setting aside the questioned 8
Pablo Macapas, Mayor Tranquilino Calo, Jr., and his driver-bodyguard Belarmino Alloco, and (2) other
December 1988 order as having been issued with grave abuse of discretion amounting to lack or
"John Does". Macapas was a bodyguard of respondent Calo, Jr.
excess of jurisdiction. The warrants of arrest as well as the bail bonds filed by the accused in said
2. On 22 June 1988, Investigating Fiscal Macario Balansag issued a resolution, finding a prima facie Criminal Case No. 3464 were declared void and without force and effect; the court of origin was
case for murder against the respondents in I.S. No. 88-138. ordered to immediately issue and serve new warrants of arrest upon the accused. To determine
whether or not the evidence of guilt against the accused is strong, the trial court was ordered to
conduct a heating and thus resolve the motion for fixing the bald for the temporary release of the two
3. Before the motion for reconsideration could be resolved, Investigating Fiscal Balansag was himself (2) accused, Calo, Jr. and Allocod. The decision of the Court of Appeals became final and executory on
gunned down in cold blood while on his way to his office. Based on the investigation conducted by the 23 February 1989.5
NBI linking the death of Fiscal Balansag to the killing of Corvera, Sr., another formal complaint for
murder was filed against Calo. Jr. and four (4) others.
9. In the administrative complaint at bar, complainant claims that the act of respondent judge in
granting bail to the accused Calo, Jr. and Allocod without a hearing, is tantamount to gross ignorance
Estrañero / Galinato / Inot / Nillas / Ortiz / Quiles / Yase /
and willful, malicious and blatant disregard of the provisions of Sec. 5, Rule 114 of the Rules on
Criminal Procedure, which require a hearing before an accused charged with a capital offense can be
granted bail. The impartiality of respondent judge in issuing the questioned warrants of arrest but
allowing bail is also questioned on the ground of his "close association" with the accused Calo, Jr.
Issue:
WON respondent judge in granting bail to the accused Calo, Jr. and Allocod without a hearing, is
tantamount to gross ignorance and willful, malicious and blatant disregard of the provisions of Sec. 5,
Rule 114 of the Rules on Criminal Procedure, which require a hearing before an accused charged with
a capital offense can be granted bail.
Ruling:
YES. It has been an established legal principle or rule that in cases where a person is accused of a
capital offense, the trial court must conduct a hearing in a summary proceeding, to allow the
prosecution an opportunity to present, within a reasonable time, all evidence it may desire to produce
to prove that the evidence of guilt against the accused is strong, before resolving the issue of bail for
the temporary release of the accused. Failure to conduct a hearing before fixing bail in the instant
case amounted to a violation of due process.12 Irrespective of respondent judge's opinion that the
evidence of guilt against herein accused is not strong, the law and settled jurisprudence demanded
that a hearing be conducted before bail was fixed for the temporary release of accused Calo, Jr. and
Allocod, if bail was at all justified. Respondent judge's disregard of an established rule of law by
depriving the prosecution of the opportunity to prove that the evidence of guilt against the accused
was strong, amounted to gross ignorance of the law, which is subject to disciplinary action.