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Nonetheless,
Lavides filed separate applications for bail in
the 9 cases.
FACTS: On 16 May 1997, the trial court issued an
order resolving Lavides' Omnibus Motion,
On 3 April 1997, the parents of Lorelie San
finding that, (Lorelie’s case), there is
Miguel reported to the police that their
probable cause to hold the accused under
daughter, then 16 years old, had been
detention, his arrest having been made in
contacted by Manolet Lavides for an
accordance with the Rules, and thus he must
assignation that night at Lavides' room at the
therefore remain under detention until
Metropolitan Hotel in Diliman, Quezon City.
further order of the Court; and that the
Apparently, this was not the first time the
accused is entitled to bail in all the case, and
police received reports of Lavides' activities.
that he is granted the right to post bail in the
An entrapment operation was therefore set amount of P80,000.00 for each case or a total
in motion. At around 8:20 p.m. of the same of P800,000.00 for all the cases under certain
date, the police knocked at the door of Room conditions.
308 of the Metropolitan Hotel where Lavides
On 20 May 1997, Lavides filed a motion to
was staying.
quash the informations against him, except
When Lavides opened the door, the police those filed in Criminal Case Q-97-70550 or Q-
saw him with Lorelie, who was wearing only 97-70866.
a t-shirt and an underwear, whereupon they
Pending resolution of his motion, he asked
arrested him.
the trial court to suspend the arraignment
Based on the sworn statement of Lorelie and scheduled on 23 May 1997.
the affidavits of the arresting officers, which
Then on 22 May 1997, he filed a motion in
were submitted at the inquest, an
which he prayed that the amounts of bail
information for violation of Article III, 5(b) of
bonds be reduced to P40,000.00 for each
RA 7610 (An Act Providing for Stronger
case and that the same be done prior to his
Deterrence and Special Protection against
arraignment.
Child Abuse, Exploitation and Discrimination,
On 23 May 1997, the trial court, in separate
Providing Penalties for its Violation, and
orders, denied Lavides' motions to reduce
other Purposes) was filed on 7 April 1997
bail bonds, to quash the informations, and to
against Lavides in the RTC QC.
suspend arraignment.
On 10 April 1997, Lavides filed a:
Accordingly, Lavides was arraigned during
(1)"Omnibus Motion For Judicial
which he pleaded not guilty to the charges
Determination of Probable Cause;
against him and then ordered him released
(2) For the Immediate Release of
upon posting bail bonds in the total amount
the Accused Unlawfully Detained on an
of P800,000.00, subject to the conditions in
Unlawful Warrantless Arrest;
the 16 May 1997 order and the "hold-
and (3) In the Event of Adverse
departure" order of 10 April 1997.
Resolution of the Above Incident, Herein
The pre-trial conference was set on 7 June
Accused be Allowed to Bail as a Matter of
1997.
Right under the Law on Which He is
Charged." On 2 June 1997, Lavides filed a petition for
certiorari in the Court of Appeals, assailing
On 29 April 1997, 9 more informations for
the trial court's order, dated 16 May 1997,
child abuse were filed against Lavides by
and its two orders, dated 23 May 1997,
Lorelie San Miguel, and by three other minor
denying his motion to quash and maintaining
children, Mary Ann Tardesilla, Jennifer
the conditions set forth in its order of 16 May
Catarman, and Annalyn Talinting.
1997, respectively.
In all the cases, it was alleged that, on various
While the case was pending in the CA, 2 more
dates mentioned in the informations, Lavides
informations were filed against Lavides,
had sexual intercourse with complainants
bringing the total number of cases against
who had been "exploited in prostitution and
him to 12, which were all consolidated.
given money as payment for the said acts of
sexual intercourse." On 30 June 1997, the CA rendered its
decision, invalidating the first two conditions
under 16 May 1997 order -- i.e. that (1) the
accused shall not be entitled to a waiver of The court's strategy to ensure the Lavides' presence
appearance during the trial of these cases. at the arraignment violates the latter's constitutional
He shall and must always be present at the rights.
hearings of these cases; and
(2) In the event that he shall not be able to do
so, his bail bonds shall be automatically
cancelled and forfeited, warrants for his
arrest shall be immediately issued and the
cases shall proceed to trial in absentia -- and
maintained the orders in all other respects.
Lavides filed the petition for review with the
Supreme Court.
ISSUE:
RULING: