This is a case filed against Judge Gustilo of the RTC of Iloilo City, and his Clerk of Court, Balagtas, for "gross misconduct, gross and grave abuse of discretion, malfeasance in office and maladministration of justice." The complainant, Assistant Provincial Prosecutor of Iloilo City Antonio Chin, was injured during an altercation with a security guard. He complains that respondent judge granted bail to the security guard without notice to the prosecution and fixed the amount of the bond at P8,000.00 only, without taking into consideration that the firearm used was unlicensed. On the basis of these facts could bail be granted without first giving notice to the prosecutor? Answer: The respondent judge is reprimanded for failure to give notice to the public prosecutor of an application for bail with warning that a repetition of this offense in the future will be dealt with more severely. Respondent Clerk of Court Balagtas is absolved of the charge since he merely carried out the order of the judge. Asst. Provincial Prosecutor Chin vs. Judge Gustilo. Collectively, the witnesses pointed an accusing finger at accused-appellant whom they witnessed firing his .38 caliber firearm towards the direction of Sibayan who was then negotiating an earthen dike about 3 to 4 meters from the position of accused-appellant. In parrying the inculpatory thrusts of the prosecution, accused-appellant ventured to develop the theory that it was not he but one of the companions of J. Belmonte who pulled and fired the gun. According to accused-appellant, the bullet missed the head of his brother who was then astride Jojo Belmonte while the latter and accused-appellant's brother was engaged in a scuffle, and that unfortunately, the bullet hit the head of May Villa Rica Sibayan. Does the accused have the right to bail? Answer: The accused who is charged with a crime punishable by reclusion perpetua is convicted by the trial court and sentenced to suffer such a penalty, bail is neither a matter of right on the part of the accused nor of discretion on the part of the court. In such a situation, the court would not have only determined that the evidence of guilt is strong — which would have been sufficient to deny bail even before conviction — it would have likewise ruled that the accused's guilt has been proven beyond reasonable doubt. Bail must not then be granted to the accused during the pendency of his appeal from the judgment of conviction. People vs. Nitcha. High-powered firearms with live ammunitions were found in the possession of petitioner Robin Padilla. Petitioner was correspondingly charged before the RTC of Angeles City with illegal possession of firearms and ammunitions under
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- Fall '16
- criminal law, Appellate court, Judge Donato & Salas