RIGHT TO BAIL

Commendador vs De Villa(chief of staff)

1991
Facts:
Private respondents in GR 95020 (Jacinto Ligot) is an officer of the AFP facing
prosecution for his alleged participation in the failed coup detat that took place on
December 1-9, 1989. Ligot applied for bail but the application was denied by GCM
no.14. However, in his petition at RTC the respondent judge issued rendered
judgment directing GCM no.14 to conduct proceedings on the applications of bail of
the petitioner and reiterated its orders of release on the provisional liberty of
petitioner Jacinto Ligot.
Issue:
Whether or not the officers of AFP can invoke the right to bail?
Held:
No.SC held that the right to bail invoked by Ligot has traditionally not been
recognized and is not available in the military, as an exception to the general rule
embodied in the BOR. This is much suggested in Arula, where we observed that the
right to a speedy trial is given more emphasis in the military where the right to bail
does not exist.
Justification for this exception:
1. The unique structure of the military.
2. Mutinous soldiers operate within the framework of democratic system, are
allowed fiduciary use of firearms by the government for the discharge of their duties
and responsibilities.
National security considerations: they could freely resume the or heinous
activity which could very well result in the overthrow of duly constituted authorities
including the honorable court and replace the same with a system consonant with
their own concept of govt and justice.