(3.) Gr. No. 131909 People-vs-cabral 3o52b

People vs. Cabral G.R. No. 131909 18 February 1999

Facts: Accused Odiamar was charged with rape upon the complaint of Cecille Buenafe. In a bid to secure a temporary liberty, accusedrespondent 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. Believing that the accusedrespondent was not entitled to bail as the evidence against him was strong, the prosecution filed two motions which the lowered court disposed of. 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 strong evidence proving respondent’s guilt for the crime charged.

Ruling: Yes,

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.

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.

In this case, accused- respondent was being charged with rape qualified by the use of deadly weapon punishable by reclusion perpetua to death.

Decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution;

As such, bail is discretionary and not a matter of right. 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. The determination of whether the evidence of guilt is strong , in this regard, is a matter of judicial discretion. While the lower court would never be deprived of its mandated prerogative to exercise judicial discretion, this court would unhesitatingly reverse the trial court’s findings if found to be laced with grave abuse of discretion. Wherefore petition is granted.

Duties of judge in case an application for bail is filed: Notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation; Conduct a hearing of the application for bail regardless of

If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. Otherwise, petition should be denied.

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