G.R. No. 126859 November 24, 1998
YOUSEF AL-GHOUL, ISAM MOHAMMAD ABDULHADI, WAIL RASHID AL-KHATIB, NABEEL NASSER AL-RIYAMI, ET AL., petitioners, vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioners are detention prisoners charged with illegal possession of firearms, ammunition, and explosives under Presidential Decree No. 1866 before the Regional Trial Court of Kalookan City, Branch 123. They filed a motion for bail, but the trial court held its resolution in abeyance pending the prosecution’s presentation of evidence to determine if the evidence of guilt is strong. The trial court admitted the prosecution’s evidence and subsequently denied the motion for bail, citing the prescribed penalty of reclusion perpetua and strong evidence of guilt. Petitioners filed a petition for certiorari before the Court of Appeals, which dismissed it and affirmed the trial court’s orders. Petitioners then filed a petition for certiorari before the Supreme Court under Rule 65, which issued a temporary restraining order enjoining the trial court from proceeding with the trial. Subsequently, petitioners filed a manifestation noting that Republic Act No. 8294 had amended P.D. 1866, reducing the penalties for the offenses charged. They then filed a Motion for Clarification or Partial Lifting of TRO on the Matter of Bail, seeking to allow the trial court to proceed with the hearing on their motion for bail in light of the new law.

ISSUE

Whether the temporary restraining order issued by the Supreme Court should be partially lifted to allow the trial court to hear and resolve the petitioners’ motion for bail in view of the amendment introduced by Republic Act No. 8294 , which reduced the penalties for the offenses charged.

RULING

The Supreme Court granted the petitioners’ motion. It held that, consequent to the enactment of R.A. 8294, the penalties for illegal possession of firearms, ammunition, and explosives under which petitioners were charged had been reduced to prision mayor in its minimum period and prision mayor in its maximum period to reclusion temporal, respectively. Therefore, petitioners are now entitled to bail as a matter of right prior to conviction by the trial court, pursuant to Section 4 of Supreme Court Administrative Circular No. 12-94. The Court partially lifted the Temporary Restraining Order issued in its Resolution of November 20, 1996, insofar as the pending motion for bail before the RTC of Kalookan City, Branch 123, was concerned, and ordered the trial court to proceed with the hearing of the motion for bail and resolve it with dispatch.