16.Pareja v. Gomez-ortiz.docx - 16.Pareja v Gomez-ortiz(Bail as a matter of discretion FACTS Pareja is charged with 3 others of the crime of murder Upon

16.Pareja v. Gomez-ortiz.docx - 16.Pareja v...

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16.Pareja v. Gomez-ortiz (Bail as a matter of discretion) FACTS: Pareja is charged with 3 others of the crime of murder. Upon his arrest and detention, counsel for Pareja moved that he be provisionally released on bail. The prosecution objected thereto, alleging that petitioner is charged with a capital offense and that the evidence of his guilt is strong. Respondent Judge held that the facts would warrant a conviction, in view of which the application for bail was denied. Petitioner maintains that respondent Judge had acted with grave abuse of discretion, that the evidence against him is purely circumstantial and does not satisfy the requirements of section 98 of Rule 123 of the Rules of Court. ISSUE: Was Pareja correct in relying on rule 123 section 98 in connection with the constitutional right to bail in
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