G.R. No. L-31298. May 12, 1978.
PEOPLE OF THE PHILIPPINES, petitioners, vs. HON. RAMON BLANCO, as Judge of the Court of First Instance of Iloilo and GERVASIO DEQUIÑA, alias NONOY, respondents.

FACTS

The People of the Philippines filed a petition for certiorari to annul an order issued by respondent Judge Ramon Blanco granting bail to private respondent Gervasio Dequiña. Dequiña was a co-accused in an information for Attempted Robbery with Homicide, a capital offense. The prosecution contended that the grant of bail constituted a grave abuse of discretion because the evidence of guilt was strong.
In his order, respondent Judge justified the grant of bail by finding that, while the crime charged was indeed a capital offense, the evidence of Dequiña’s guilt was not strong. He noted that the term “homicide” in the relevant provision of the Revised Penal Code is generic and that the purpose of bail is to secure the accused’s appearance. He also considered that Dequiña was detained and had not attempted to escape.

ISSUE

Whether or not respondent Judge committed grave abuse of discretion in granting bail to an accused charged with a capital offense.

RULING

The Supreme Court dismissed the petition for being moot and academic. While the petition was pending consideration, the Court received a certified true copy of the decision in the main criminal case (Criminal Case No. 11170) where Dequiña was tried. The decision, penned by Judge Valerio B. Rovira, acquitted all accused, including private respondent Gervasio Dequiña. Consequently, the question regarding the propriety of the bail grant was rendered academic, as there was no longer any live controversy to resolve. The Court did not proceed to rule on the substantive issue of whether the respondent Judge gravely abused his discretion. No costs were awarded.