Answer Salas did waive his right to bail when he withdrew his petition for the

Answer salas did waive his right to bail when he

This preview shows page 4 - 5 out of 6 pages.

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.
Image of page 4
Image of page 5

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture