Professional Documents
Culture Documents
BALGOS
TOPIC: Right to bail
1. In a lettet-complaint, complainant Modesto
Magsucan Masgsucang charged Judge Rolando
Balgos for bias and partiality, grave abuse of
discretion, requiring excessive bail and violation of
the rules in criminal procedure.
2. On May 10, 2000, a certain Peptio Lim filed a
criminal case for theft against the complainants
daughter Rosalie Magsucang for misappropriating
cash worth P11200. Subsequently, respondent
judge, before whom the preliminary investigation
was conducted, issued a warrant of arrest. Bail
was also set at P30,000.
3. The next day, Rosalie was arrested, but the
complainant posted bail for his daughter.
4. Meanwhile, Lim filed more cases for qualified theft
against
Rosalie
and
after
preliminary
investigations are conducted, the respondent
judge would issue corresponding warrants of
arrest. In one case, the bail was set at P24,000.
Neither the complainant nor Rosalie has the
money to pay so the latter remained incarcerated.
5. Complainant fault respondent judge for the
alleged irregularities in the conduct of the
preliminary investigation when respondent judge
administered the oath to Pepito Lim and for
having sent Rosalie to prison without the benefit
of a hearing. According to complainant, when
respondent judge issued several subpoenas
requiring Rosalie to file her counter-affidavit he
also committed grave abuse of discretion since he
failed to consider that Rosalie was, at the time,
locked in jail and incapable of defending herself in
court. Also, complainant states that respondent
judge violated applicable rules and regulation
when he required excessive bail.