People vs.
Cabral strong evidence proving respondents
G.R. No. 131909 18 February 1999
Facts:
1. Accused Odiamar was charged with rape
upon the complaint of Cecille Buenafe. In a
bid to secure a temporary liberty, accused-
respondent filed a motion praying that he
be released on bail which the petitioner
opposed by presenting real, documentary
and testimonial evidence. The lower court
however, granted the motion to bail on the
ground that the evidence is not strong.
2. Believing that the accused- respondent was
not entitled to bail as the evidence against
him was strong, the prosecution filed two
motions which the lowered court disposed
of.
3. On appeal before the CA, the CA denied the
petition.
Issue: Whether the CA acted with grave
abuse of discretion amounting to lack or
excess of jurisdiction in the issuing the
assailed decision and resolution despite a
showing by the prosecution that there is
unhesitatingly reverse the trial courts
guilt for the crime charged.
Ruling:
1. Yes,
2. The grant or denial of an application for
bail is dependent on whether the evidence
of guilt is strong which the lower court
should determine in a hearing called for
the purpose.
3. In this case, accused- respondent was
being charged with rape qualified by the
use of deadly weapon punishable by
reclusion perpetua to death.
4. As such, bail is discretionary and not a
matter of right.
5. The grant or denial of an application for
bail is, therefore dependent on whether
the evidence of guilt is strong which the
lower court should determine in a hearing
called for the purpose.
6. The determination of whether the evidence
of guilt is strong , in this regard, is a matter
of judicial discretion.
7. While the lower court would never be
deprived of its mandated prerogative to
exercise judicial discretion, this court would
findings if found to be laced with grave
abuse of discretion.
8. Wherefore petition is granted.
Duties of judge in case an application for bail is
filed:
1. Notify the prosecutor of the hearing of the
application for bail or require him to submit
his recommendation;
2. Conduct a hearing of the application for
bail regardless of whether or not the
prosecution refuses to present evidence to
show that the guilt of the accused is strong
for the purpose of enabling the court to
exercise its discretion.
3. Decide whether the evidence of guilt of the
accused is strong based on the summary of
evidence of the prosecution;
4. If the guilt of the accused is not strong,
discharge the accused upon the approval
of the bailbond. Otherwise, petition should
be denied.
.