GR 78162; (April, 1991) (Digest)
G.R. No. 78162 ; April 19, 1991
Director J. Antonio M. Carpio of the National Bureau of Investigation and People of the Philippines, petitioners, vs. Judge Romeo G. Maglalang of Regional Trial Court, Branch 2 at Balanga, Bataan and Benjamin S. Escaño, respondents.
FACTS
Benjamin S. Escaño was charged with murder for the ambush-slaying of a mayor. He executed a sworn statement before NBI agents admitting his participation. An information was filed, and a warrant for his arrest recommending no bail was issued. The NBI took custody of Escaño. Subsequently, a counsel, allegedly without Escaño’s authorization, filed an urgent motion for his transfer to the provincial jail, which the court granted. The NBI Director filed a motion for reconsideration, arguing that continued NBI custody was necessary for further investigation and for Escaño’s safety, as he had implicated influential persons. While this motion was pending, the same counsel filed an application for bail on Escaño’s behalf, alleging illegal arrest, torture, and an uncounseled confession.
ISSUE
Whether the respondent judge committed grave abuse of discretion in granting bail to the accused charged with murder.
RULING
Yes, the Supreme Court found grave abuse of discretion. The grant of bail was void. The legal logic is anchored on the rule that bail is not a matter of right for those charged with a capital offense, like murder punishable by reclusion perpetua, when evidence of guilt is strong. The respondent judge granted bail based solely on the allegations in the application, without conducting the mandatory hearing to determine whether the evidence of guilt is strong. The Court emphasized that a hearing is indispensable to allow the prosecution to present its evidence against bail. By failing to hold such a hearing, the judge deprived the State of its right to oppose the application procedurally and substantively. The order was issued arbitrarily, constituting a capricious and whimsical exercise of judgment equivalent to lack of jurisdiction. The Supreme Court annulled the bail order and directed the judge to conduct a proper hearing on the application.