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FACTS:
Inocencio Basco filed a complaint against Judge Leo H. Rapatalo
of RTC, Branch 32 of Agoo, La Union for gross ignorance or
willful disregard of established rule of law for granting bail to an
accused in a murder case without receiving evidence and
conducting a hearing.
Basco is the father of the victim of a murder by three men.
Roger Morente, one of the three accused, filed for a petition for
bail. For several times and several reasons, a hearing for the
petition was set but did not push through.
Later, Basco allegedly saw Morente in Rosario, La Union. He
later learned that Judge granted the latters petition for bail
despite the fact that the petition was not heard at all.
The Judge alleged that he granted the petition based on the
prosecutors option not to oppose the petition as well as the
latters recommendation setting the bail bond in the amount of
P80,000.00. He averred that when the prosecution chose not to
oppose the petition for bail, he had the discretion on whether to
approve it or not. He further declared that when he approved
the petition, he had a right to presume that the prosecutor
knew what he was doing since he was more familiar with the
case, having conducted the preliminary investigation. Also, the
private prosecutor was not around at the time the public
prosecutor recommended bail.
Eventually, the bail bond posted by Morente was cancelled and
a warrant for his arrest was issued on account of Bascos
motion for consideration. Morente is then confined in the La
Union Provincial Jail.
ISSUE:
Whether or not a Judge can grant a petition for bail without a
hearing for that purpose.
HELD:
No, a judge cannot grant a petition for bail without a trial.
The Supreme Court then reiterated the following rules outlining
the duties of a judge in case an application for bail is set:
1.
2.
3.
4.
Facts:
Private respondent and his co-accused were charged of rebellion on October 2, 1986 for acts
committed before and after February 1986. Private respondent filed with a Motion to Quash
alleging that: (a) the facts alleged do not constitute an offense; (b) the Court has no jurisdiction
over the offense charged; (c) the Court has no jurisdiction over the persons of the defendants;
and (d) the criminal action or liability has been extinguished. This was denied. May 9, 1987
Respondent filed a petition for bail, which was opposed that the respondent is not entitled to bail
anymore since rebellion became a capital offense under PD 1996, 942 and 1834 amending
ART. 135 of RPC. On 5 June 1987 the President issued Executive Order No. 187 repealing,
among others, P.D. Nos. 1996, 942 and 1834 and restoring to full force and effect Article 135 of
the Revised Penal Code as it existed before the amendatory decrees. Judge Donato now
granted the bail, which was fixed at P30,000.00 and imposed a condition that he shall report to
the court once every two months within the first ten days of every period thereof. Petitioner filed
a supplemental motion for reconsideration indirectly asking the court to deny bail to and to allow
it to present evidence in support thereof considering the "inevitable probability that the accused
will not comply with this main condition of his bail. It was contended that:
1. The accused has evaded the authorities for thirteen years and was an escapee from
detention when arrested; (Chairman of CPP-NPA)
2. He was not arrested at his residence as he had no known address;
3. He was using the false name "Manuel Mercado Castro" at the time of his arrest and
presented a Driver's License to substantiate his false identity;
4. The address he gave "Panamitan, Kawit, Cavite," turned out to be also a false address;
5. He and his companions were on board a private vehicle with a declared owner whose
identity and address were also found to be false;
6. Pursuant to Ministry Order No. 1-A dated 11 January 1982 , a reward of P250,000.00
was offered and paid for his arrest.