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Showing posts with the label right to bail

Abdula vs. Guiani

Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor foun...

Govt. of the United States v. Purganan

Govt. of the United States v. Purganan GR No. 148571, Sept. 24, 2002 FACTS: In accordance to the existing RP-US Extradition Treaty, the United States Government, through diplomatic channels, sent to the Philippine Government Note Verbale an extradition request of Mark B. Jimenez, also known as Mario Batacan Crespo. Upon receipt of the Notes and documents, the secretary of foreign affairs (SFA) transmitted them to the secretary of justice (SOJ) for appropriate action, pursuant to Section 5 of Presidential Decree (PD) No. 1069, also known as the Extradition Law.  Govt. of the United States v. Purganan Jimenez then sought and was granted a TRO to prohibit the DOJ from filing with the RTC a petition for his extradition which was later on assailed by the SOJ. The Court initially dismissed the petition, but later on reverse its decision when it filed its Motion for Reconsideration and held that private respondent was bereft of the right to notice and hearing during the evaluation...

Almeda vs. Villaluz

Almeda vs. Villaluz GR No. L-31665, August 6, 1975 FACTS: Petitioner Leonardo Almeda (alias Nardong Paa) was charged, together with five others, with the crime of qualified theft of a motor vehicle. The amount of the bond recommended for the provisional release of Almeda was P15,000, and this was approved by the respondent judge with a direction that it be posted entirely in cash. Almeda vs. Villaluz Almeda asked the trial court to allow him to post a surety bond in lieu of the cash bond required of him. This request was denied, and so was an oral motion for reconsideration, on the ground that the amended information imputed habitual delinquency and recidivism on the part of Almeda. Almeda vs. Villaluz At the same hearing, the respondent city fiscal, thru his assistant, reiterated his oral motion made at a previous hearing for amendment of the information so as to include allegations of recidivism and habitual delinquency in the particular case of Almeda. Th...

Concerned Citizens vs. Judge Elma

Concerned Citizens vs. Judge Elma AM No. RTJ-94-1183, February 6, 1995 FACTS: This administrative case arose from an anonymous letter-complaint. Alfredo Gatus y Tiamzon was charged with illegal recruitment in large scale and estafa in five (5) separate Information, before the sala of respondent Judge Elma. Concerned Citizens vs. Judge Elma In the Information for Illegal Recruitment in Large Scale, no bail bond was recommended.  Accused Gatus filed a motion to fix his bail at P60,000.00. Respondent judge, instead of setting the application for hearing, directed the prosecution to file its Comment or Opposition to accused's Motion to Fix Bail. Concerned Citizens vs. Judge Elma The prosecution submitted its Comment, to wit: That based on the record of this case, it appears that a preliminary investigation was conducted; That the investigating prosecutor who conducted the preliminary investigation (did not) recommend (any) bail for said offense; That unders...

Feliciano vs. Pasicolan

Feliciano vs. Pasicolan GR No. L-14657, July 31, 1961 FACTS: Pablo Feliciano, was one of the eighteen persons charged with the crime of kidnapping with murder. Upon learning of the filing of said information and that a warrant for his arrest had been issued, the petitioner went into hiding. However, Attorney Filemon Cajator, at the instance of the petitioner's wife, filed in the case a motion asking that the Court fix at P10,000.00 the amount of the bond for petitioner's release pending trial. Feliciano vs. Pasicolan The Provincial Fiscal of Pampanga opposed this motion, on the ground that the filing thereof was premature as the petitioner had not yet been arrested. the respondent Judge dismissed petitioner's motion, on the ground that "pending his arrest or surrender, Pablo Feliciano has not the right to ask this court to admit him to bail." Hence, the instant proceeding. Read: Government of Hong Kong Special Administrative Region vs. ...

Tucay vs. Domagas

Tucay vs. Domagas AM No. RTJ-95-1286, March 2 1995 FACTS: Ludovico Ellamil, Bernardo Ellamil and Melchor Ellamil are accused of murder. Teresita Tucay, the wife of the victim, is the complainant. A petition for bail was filed on behalf of the accused Bernardo Ellamil.  Tucay vs. Domagas The petition was denied by respondent judge on the ground that it did not bear the conformity of the provincial prosecutor. A second petition for bail was filed by the accused with the prayer that he be allowed to post bail in the amount of P50,000.00.  Tucay vs. Domagas This time, the petition contained the notation "No objection" of Provincial Prosecutor Jose Antonio Guillermo. Without holding a hearing to determine whether the evidence of the prosecution was strong, respondent judge issued an order on the same day, in which he granted bail and directed the release of accused from detention.  Tucay vs. Domagas Read: Government of Hong Kong Special Administ...

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LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO

LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO G.R. NO. 73748, May 22, 1986 FACTS: President Corazon Aquino issued Proclamation No. 1 on February 25, 1986 announcing that she and Vice President Laurel were taking power. On March 25, 1986, proclamation No.3 was issued providing the basis of the Aquino government assumption of power by stating that the "new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines." Petitioners alleged that the Aquino government is illegal because it was not established pursuant to the 1973 Constitution. ISSUE: Whether or not the government of Corazon Aquino is legitimate. HELD: Yes. The legitimacy of the Aquino government is not a justiciable matter but belongs to the realm of politics  where only the people are the judge. The Supreme Court further held that: The people have accepted the Aquino government which is in eff...

Callado vs. International Rice Research Institute (IRRI)

Callado vs. IRRI GR No. 106483, May 22 1995, 244 SCRA 210 FACTS: Petitioner Ernesto Callado was employed as a driver at the International Rice Research Institute (IRRI). On February 11, 1990, while driving an IRRI vehicle on an official trip to the Ninoy Aquino International Airport and back to the IRRI, petitioner figured in an accident. After evaluating petitioner's answer, explanations and other evidence by IRRI's Human Resource Development Department Manager, the latter issued a Notice of Termination to petitioner on December 7, 1990. Petitioner then filed a complaint before the Labor Arbiter for illegal dismissal, illegal suspension and indemnity pay with moral and exemplary damages and attorney's fees. Private respondent likewise informed the Labor Arbiter, through counsel, that the Institute enjoys immunity from legal process by virtue of Article 3 of Presidential Decree No. 1620, and that it invokes such diplomatic immunity and privileges as an int...

DRILON VS. LIM

GR No. 112497, August 4 1994 FACTS: Pursuant to Section 187 of the Local Government Code or the Procedure For Approval And Effectivity Of Tax Ordinances And Revenue Measures; Mandatory Public Hearings, Secretary of Justice had, on appeal to him of four oil companies and a taxpayer, declared Ordinance No. 7794, otherwise known as the Manila Revenue Code, null and void for non-compliance with the prescribed procedure in the enactment of tax ordinances and for containing certain provisions contrary to law and public policy. In a petition, the Regional Trial Court of Manila revoked the Secretary's resolution and sustained the ordinance, holding inter alia that the procedural requirements had been observed. Instead, it declared Section 187 of the Local Government Code as unconstitutional because of its vesture in the Secretary of Justice of the power of control over local governments in violation of the policy of local autonomy mandated in the Constitution and of the specific...