YAP vs CA

G.R. No. 141529, June 6, 2001

Gonzaga-Reyes, J.:

FACTS

Francisco Yap was convicted of the crime of estafa for misappropriating

amounts equivalent to PHP 5.5 million. After the records of the case were transmitted
to the CA, he filed a motion to fix bail pending appeal. The CA granted the motion and
allowed Yap to post bail in the amount of PHP 5.5 million, as recommended by the
Office of the Solicitor General on condition that he will secure “a certification/guaranty
from the mayor of the place of his residence that he is a resident of the area and that
he will remain to be so until final judgment is rendered or in case he transfers
residence, it must be with prior notice to the court and private complainant”.

Yap sought the reduction of the bail but was denied. Hence, he appealed to the
SC, he contended that the CA, by setting bail at a prohibitory amount, effectively
denied him his right to bail. He also contested the condition imposed by the CA that
he secures a certificate or guaranty, claiming that the same violates his liberty of
abode and travel.

ISSUE

Whether or not the proposed bail was violative of petitioner’s right against
excessive bail

RULING

Yes. The SC said that the bail amounting to PHP 5.5 million is unreasonable,
excessive, and constitutes an effective denial of petitioner’s right to bail. The purpose
of the bail is to guarantee the appearance of the accused at the trial, or whenever so
required by the court. The amount should be high enough to assure the presence of
the accused but not higher than is reasonably calculated to fulfill the purpose. To fix
bail at an amount equivalent to the civil liability of which petitioner is charged is to
permit the impression that the amount paid as bail is an exaction of the civil liability
that accused is charged of. The SC further said that this cannot be allowed because
bail is not intended as punishment nor a satisfaction of civil liability which should
necessarily await the judgment of the appellate court. Also, Section 9, Rule 114 of the
Revised Rules on Criminal Procedures advises courts to consider the following factors
in setting the amount of bail:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight and evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.