THE PEOPLE OF THE PHILIPPINES, vs. HON. SINFOROSO S. NANO, in his capacity as Presiding Judge of the Regional Trial Court, Branch 49, Cataingan, Masbate and ROLDAN BOHOL Y GALICIA.
- G.R. Number: G.R. No. 94639
- Promulgated: 1992-01-13
- Ponente: Bidin, J.
Doctrine
Before resolving a bail application for an accused in custody for a capital offense, the prosecution must be given a reasonable opportunity to present all evidence it desires; otherwise due process is violated.
An order granting or denying bail must contain a summary of the evidence offered by the prosecution, upon which the judge formulates whether the evidence indicates guilt sufficient to deny bail.
Judicial discretion to admit to bail must be exercised legally, regularly, and within due process—i.e., after evaluating the prosecution's evidence; orders issued without such evaluation are arbitrary.
Facts
The People of the Philippines filed a petition against Hon. Sinforoso S. Nano, presiding judge of RTC Branch 49, Cataingan, Masbate, and Roldan Bohol, the accused admitted to bail by the respondent judge.
The case raises whether a motion for bail for a defendant in custody for a capital offense may be decided summarily or only after the prosecution is allowed to present its evidence.
The trial court granted bail to the accused on 17 July 1990; the petition sought relief from that order.
Issues
Whether the motion for bail of a defendant in custody for a capital offense may be resolved in a summary proceeding or must be decided after affording the prosecution an opportunity to present its evidence.
Whether an order granting bail without allowing the prosecution to present evidence violates procedural due process and is void.
Ruling
The petition is GRANTED: when deciding bail for an accused in custody for a capital offense, the prosecution must be given a reasonable opportunity to present all desired evidence; denial of that opportunity violates procedural due process and renders the bail order void.
The assailed order dated 17 July 1990 admitting Rolando Bohol to bail is SET ASIDE; the accused is ordered RECOMMITTED to jail pending determination after hearing on the bail application; the Clerk of Court must reimburse the private prosecutor for legal fees paid.
Keywords
G.R. No. 94639, certiorari and prohibition, Kidnapping with Murder, motion to fix bail, interlocutory determination, provisional liberty, warrant of arrest, grave abuse of discretion, The Solicitor General, Rule 15, Section 5, due process, procedural due process, capital offense, bail, summary proceeding, evidence presented is strong, motion, accused, people, order