Answer:
Salas did waive his right to bail when he
withdrew his petition for the issuance of the WoHC. The
contention of the defense that Salas merely agreed to be
in custody and that the same does not constitute a
waiver of his right to bail is not tenable. His waiver to
such right is justified by his act of withdrawing his
petition for WoHC.
People vs. Judge Donato & Salas.
People vs. Mapalao:
An accused who escapes from
confinement or jumps bail or flees to a foreign country,
loses his standing in court, and unless he surrenders or
submits himself to the jurisdiction of the Court, he is
deemed to have waived any right to seek relief from the
court, including his right to appeal his conviction.
Who are not entitled to bail?
(1) Persons charged with offenses punishable by
reclusion perpetua or death, when evidence of guilt is
strong;
(2) Persons CONVICTED by the trial court. Bail is only
discretionary pending appeal; and
(3) Persons who are members of the AFP facing a
court martial.
III. Excessive Bail
Mayor de la Camara was arrested and detained
at the Provincial Jail of Agusan, for his alleged
participation in the killing of 14 and the wounding
of 12 other laborers of the Tirador Logging Co.
18 days later, the Provincial Fiscal of Agusan
filed cases of multiple frustrated murder and for
multiple murder against petitioner, his co-
accused Tagunan and Galgo. An application for
bail was filed by petitioner which was granted
and the amount was fixed at P1,195,200.00. Is
the amount of the bailbond excessive?
Answer: Where the right to bail exists, it should not be
rendered nugatory by requiring a sum that is excessive.
If there were no such prohibition, the right to bail
becomes meaningless. Nothing can be clearer,
therefore, than that the amount of P1,195,200.00 is
clearly violative of this constitutional provision under the
circumstances.
De La Camara vs. Enage.
Chu vs. Dolalos & Magsucang vs. Balgos:
Section 6,
Rule 114 of the Revised Rules of Criminal Procedure
provided the Judges the guidelines in fixing the
reasonable amount for bail: (1) financial ability of the
accused to give bail; (2) nature and circumstances of the
offense; (3) penalty of the offense charged; (4) character
and reputation of the accused; (5) age and health of the
accused; (6) the weight of the evidence against the
accused; (7) probability of the accused appearing for
trial; (8) forfeiture of other bonds; (9) the fact that the
accused was fugitive from justice when arrested; and,
(10) the pendency of other cases which the accused is
under bond.
Right to Bail of Military Personnel
Members of the AFP were charged with violation
of Articles of War (AW) 67 (Mutiny), AW 96
(Conduct Unbecoming an Officer and a
Gentleman) and AW 94 (Various Crimes) in
relation to Article 248 of the Revised Penal Code
(Murder). The petitioners were questioning the
conduct of the pre-trial investigation conducted
where a motion to bail was filed but was denied.
