GR L 19361; (February, 1965) (Digest)
G.R. No. L-19361; February 26, 1965
PEPITO MAGNO, petitioner, vs. HON. MACAPANTON ABBAS and THE PROVINCIAL FISCAL OF DAVAO, respondents.
FACTS
Petitioner Pepito Magno was arrested under a warrant in Criminal Case No. 285-A for Robbery with Rape filed in the Municipal Court of Davao. The case was forwarded to the Court of First Instance of Davao, docketed as Criminal Case No. 7155. Petitioner filed a motion for bail, which was initially denied as premature. A second motion for bail was filed, and after a hearing, respondent Judge Macapanton Abbas issued an order on November 24, 1961, granting bail and fixing the bond at P40,000.00. However, on the same afternoon, the fiscal moved for reconsideration, claiming new evidence of petitioner’s guilt. The court stayed the order, held a hearing on the motion, and subsequently set aside the bail order, issuing a new order denying bail. Petitioner’s motion for reconsideration was denied, prompting him to file this special civil action for certiorari, alleging grave abuse of discretion in denying bail.
ISSUE
Whether the respondent judge committed a grave abuse of discretion in denying petitioner’s motion for bail on the ground that the evidence of guilt was strong.
RULING
The Supreme Court dismissed the petition and denied the writ. The Court held that petitioner’s contention was without merit. A reading of the respondent judge’s order showed that, despite some unnecessary pronouncements, the judge found that the evidence presented during the summary hearing on bail demonstrated petitioner’s participation in the offense. The Court interpreted the order as essentially holding that the evidence of guilt against petitioner was strong, justifying the denial of bail. At this procedural stage, there was insufficient basis to conclude that the respondent judge erred or abused his discretion. The summary nature of a bail hearing does not involve a full trial on the merits, and it is sufficient for denial if the evidence induces a belief that the accused committed the capital offense.