ROLITO GO Y TAMBUNTING, vs. THE COURT OF APPEALS, THE HON. BENJAMIN V. PELAYO, PRESIDING JUDGE, BRANCH 168, REGIONAL TRIAL COURT, NCJR, PASIG, METRO MANILA and THE PEOPLE OF THE PHILIPPINES.
- G.R. Number: G.R. No. 106087
- Promulgated: 1993-04-07
Doctrine
Proceedings to cancel bail issued by a higher court may be governed by the same summary-hearing principles applicable to bail applications when the bail was granted without prejudice to lawful orders on a prosecution motion to cancel.
The determination whether evidence of guilt is strong in bail proceedings is a matter of judicial discretion, which includes limiting the number of witnesses if the judge deems the evidence sufficient to resolve the issue.
Facts
Petitioner Rolito Go y Tambunting sought review of proceedings concerning bail previously issued by this Court in G.R. No. 101837; the trial court conducted proceedings to cancel that bail after a motion by the Provincial Prosecutor (context and parties named).
The trial judge treated the cancellation proceedings by applying the summary hearing principles governing applications for bail, reasoning the grant here had been made without prejudice to lawful orders on prosecution's motion to cancel.
The trial court exercised discretion to limit the number of witnesses for petitioner, finding the evidence then before it sufficient to rule on the bail issue after both sides had opportunity to present evidence.
The Court denied petitioner's motion for reconsideration and imposed fines of P500.00 each on the petitioners' counsel, with warning against repetition.
Issues
Whether the trial court correctly applied the summary-hearing principles used in bail applications to proceedings to cancel bail issued by this Court.
Whether the trial court acted within its discretion in limiting the number of witnesses for petitioner in the cancellation proceedings.
Ruling
Yes. The Court held the trial judge properly appreciated the nature of the cancellation proceedings by applying summary-hearing principles applicable to bail, since the bail had been granted without prejudice to lawful orders upon a prosecution motion to cancel.
Yes. The Court found it within the trial court's discretionary power to limit petitioner's witnesses where the judge concluded the evidence then presented sufficed to decide the bail issue after both parties were heard.
The Court denied the motion for reconsideration with finality and imposed fines of P500.00 each on petitioners' counsel, with a stern warning; copy to be attached to their records.