arrest or is detained or restrained by the officers of the law he can claim the

Arrest or is detained or restrained by the officers

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arrest, or is detained or restrained by the officers of the law, he can claim the guarantee of his provisional liberty under the Bill of Rights, and he retains his right to bail unless he is charged with a capital offense, or with an offense punishable with reclusion perpetua or life imprisonment, and the evidence of his guilt is strong. Once it has been established that the evidence of guilt is strong, no right to bail shall be recognized. 9. FELICIANO vs PASICOLAN Facts: Feliciano, upon learning that an amended information charging him and 17 others of kidnapping with murder had been filed, and that a warrant for his
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arrest had been issued, went into hiding. Without surrendering himself, he filed a motion through his lawyer in which he asks that the court fix at 10k the amount of the bail bond for his release pending trial. The Provincial Fiscal opposed this motion, on the ground that the filing was premature as Feliciano had not yet been arrested. CFI Judge Pasicolan dismissed Feliciano’s motion on the ground that "pending his arrest or surrender, Pablo Feliciano has not the right to ask this court to admit him to bail." Feliciano contends that the Constitution provides that “All persons shall before conviction be bailable by sufficient sureties, except those charged with capital offenses when evidence of guilt is strong.” It is further averred that the phrase "all persons” has been interpreted to mean "all persons, without distinction, whether formally charged or not yet so charged with any criminal offense." Therefore, mandamus lies to compel Judge Pasicolan to do so. ISSUE : Whether or not petitioner is entitled to bail? RULING: NO. The person applying for admission to bail should be in the custody of the law, or otherwise deprived of his liberty. Bail is defined under the Rules of Court as security “required and given for the release of a person who is in custody of the law” In the case of Herra Teehankee vs Rovira, this Court held that “According to this provision, the general rule is that any person, before being convicted of any criminal offense, shall be bailable, except when he is charged with a capital offense and the evidence of his guilt is strong. Of course, only those persons who have been either arrested, detained or otherwise deprived of their liberty will ever have occasion to seek the benefits of said provision.” And in the case of Manighas vs Luna, this Court held that “the right to bail only accrues when a person is arrested or deprived of his liberty. The purpose of bail is to secure one’s release and it would be incongruous to grant bail to one who is free. Thus, ‘bail is the security required and given for the release of a person who is in the custody of the law.’” Without surrendering himself, he filed the motion in which he asks that the court fix the amount of the bail bond for his release pending trial. It is, therefore, clear that the petitioner is a free man and is, under the jurisprudence, not entitled to admission to bail.
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