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PEOPLE VS. JUDGE DONATO [198 SCRA 130; G.R. NO.79269; 5 JUN 1991]

Thursday, February 12, 2009 Posted by Coffeeholic WritesLabels: Case Digests,Political Law

Facts:Private respondent and his co-accused were charged of rebellion onOctober 2, 1986 for acts committed before and after Februar 1986! Private

respondent filed with a "otion to #uash alleging that$ %a& the facts alleged

do not constitute an offense' %b& the (ourt has no )urisdiction over theoffense charged' %c& the (ourt has no )urisdiction over the persons of the

defendants' and %d& the criminal action or liabilit has been e*tinguished!

+his was denied! "a 9, 198 espondent filed a petition for bail, which wasopposed that the respondent is not entitled to bail anmore since rebellion

became a capital offense under P. 1996, 9/2 and 180/ amending +! 10of P(! On 3une 198 the President issued 4*ecutive Order 5o! 18

repealing, among others, P!.! 5os! 1996, 9/2 and 180/ and restoring to full

force and effect rticle 10 of the evised Penal (ode as it e*isted beforethe amendator decrees! 3udge .onato now granted the bail, which was

fi*ed at P0,! and imposed a condition that he shall report to the courtonce ever two months within the first ten das of ever period thereof!

Petitioner filed a supplemental motion for reconsideration indirectl as7ingthe court to den bail to and to allow it to present evidence in support

thereof considering the inevitable probabilit that the accused will not

compl with this main condition of his bail! t was contended that$

1! +he accused has evaded the authorities for thirteen ears and was an

escapee from detention when arrested' %(hairman of (PP-5P&2! :e was not arrested at his residence as he had no 7nown address'

0! :e was using the false name "anuel "ercado (astro at the time of hisarrest and presented a .river;s

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present evidence! t is onl when it is a capital offense that the rightbecomes discretionar! :owever it was wrong for the 3udge to change the

amount of bail from 0= to = without hearing the prosecution!

epublic ct 5o! 6968 approved on 2/ October 199, providing a penalt of

reclusion perpetua to the crime of rebellion, is not applicable to the accusedas it is not favorable to him!

ccused validl waived his right to bail in another case%petition for habeascorpus&! greements were made therein$ accused to remain under custod,

whereas his co-detainees 3osefina (ruA and 3ose "ilo (oncepcion will bereleased immediatel, with a condition that the will submit themselves in

the )urisdiction of the court! Baid petition for :( was dismissed! @ail is the

securit given for the release of a person in custod of the law! 4rgo, therewas a waiver! >e hereb rule that the right to bail is another of the

constitutional rights which can be waived! t is a right which is personal tothe accused and whose waiver would not be contrar to law, public order,

public polic, morals, or good customs, or pre)udicial to a third person with aright recogniAed b law!

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