G.R. No. 45176; July 22, 1936
GREGORIA PAYAO, petitioner, vs. JUAN G. LESACA, Vacation Judge, Court of First Instance of Masbate, Fifteenth Judicial District, respondent.
FACTS
Petitioner Gregoria Payao was charged with murder before the justice of the peace court, which granted her provisional release upon posting a P20,000 bond. Upon elevation to the Court of First Instance (CFI), the provincial fiscal moved to cancel the bond, arguing the offense was non-bailable as proof of guilt was strong. The respondent judge granted the motion and ordered Payao’s confinement. Payao’s motion for reconsideration and alternative plea for a new bail were denied. She then filed this petition for mandamus to compel the respondent judge to conduct a hearing to determine if proof of guilt is strong, thereby deciding the right to bail.
ISSUE
Whether the respondent judge committed a grave abuse of discretion or violated a ministerial duty by cancelling the bail bond and denying bail without conducting a separate, formal hearing on the strength of the evidence of guilt.
RULING
No. The petition for mandamus is denied. Under the Constitution and procedural rules, an accused charged with a capital offense is not entitled to bail as a matter of right if evidence of guilt is strong. The respondent judge did not act without or in excess of jurisdiction or with grave abuse of discretion. The court held that while a judge is obligated to conduct a judicial investigation upon proper application to determine the strength of the evidence, such an investigation may consist of an examination of the evidence from the preliminary investigation or in the hands of the prosecution. In this case, the petitioner failed to present or offer any evidence during the hearings on the fiscal’s motion to cancel bail and on her motion for reconsideration. The record did not show she requested an opportunity to present witnesses that was denied. With the fiscal’s showing of strong evidence and no contrary proffer from the accused, the judge properly exercised his discretion in concluding the evidence of guilt was strong and denying bail. Mandamus does not lie to control or correct discretionary actions.
AI Generated by Armztrong.