Petitioner applied for provisional liberty and preliminary injunction before the court which was granted. However, De Villa refused to release petitioner for provisional liberty pending the resolution of the appeal they have taken before the court invoking that military officers are an exemption from the right to bail guaranteed by the Constitution. Do soldiers under court martial enjoy the right to bail? Answer: No. Because of disciplinary structure of the military and because soldiers are allowed the fudiciary right to bear arms and can therefore cause great havoc, tradition has recognized the non-existence of the right to bail. Nor can appeal be made to equal protection clause because equal protection applies only to those who are equally situated. Commendador vs. Gen. de Villa. Aspects of the Right to Bail The complainant, who is the father of the victim in a murder case filed for preliminary investigation with the MTC. The complainant avers that the respondent granted with indecent haste the petition for bail of accused Villalobos and fixed the amount of bail at P50,000.00 without affording the prosecution an opportunity to be heard and despite his previous order finding that both accused probably committed the crime of murder and recommending that no bail be granted because the evidence of their
guilt was strong. Should an accused charged with a capital offense be granted bail? Answer: The constitution provides that all persons, except those charged with offenses punishable with reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. What is to be considered is prima facie evidence, not the penalty that may be imposed taking into account modifying circumstances. Sule vs. Biteng. The adverse decision in this case promulgated by respondent Court of Appeals as well as its resolution denying the motion for reconsideration thereof, are challenged by petitioner M. Paderanga in this appeal by certiorari through a petition which raises issues centering mainly on said petitioner's right to be admitted to bail. Petitioner was belatedly charged in an amended information as a co- conspirator in the crime of multiple murder in the RTC for the killing of members of the Bucag family sometime in 1984 in Gingoog City of which petitioner was the mayor at the time. Who has the constitutional right to bail? Answer: All persons actually detained, except those charged with offenses punishable by reclusion perpetua or death when evidence of guilt is strong, shall, before conviction , be bailable by sufficient sureties. One is under the custody of the law either when he has been arrested or has surrendered himself to the jurisdiction of the court, as in the case where through counsel, petitioner for bail who has confined in a hospital communicated his submission to the jurisdiction of the court. Paderanga vs. CA.
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- Fall '16
- criminal law, Appellate court, Judge Donato & Salas