People vs Donato (Judge RTC Manila)

1991
Facts:
Rodolfo Salas commander bilog allegedly support the cause of the CCP-NPA and
Natl Democratic Front which engaged themselves in war against forces of the
government, destroying property or committing serious violence. Judge Donato of
RTc Manila granted bail of the accused.
Petitioner started to present evidence and contended that it is dangerous to grant
bail to Salas considering his structure in the CCP-NPA whose ultimate goal is to wipe
out all vestiges of our democracy and replace it with ideology. His release would
allow his return to his organization to direct arm struggle to topple the government.
Issue:
Whether the right to bail may under certain circumstances, be denied to a person
who is charged with an otherwise bailable offense?
Held:
No. Before conviction bail is either a matter of right when the offense charged is
punishable by any penalty lower than RP. To that extent the right is absolute. Upon
the other hand if the offense charged is punishable by RP bail becomes matter of
discretion. IT SHALL BE DENIED IF THE EVIDENCE OF GUILT IS STRONG. The courts
discretion is limited to determining whether or not the evidence of guilt is not
strong, bail also becomes a matter of right.
We agree with the respondent court that bail cannot be denied to the private
respondent for he is charged with the crime rebellion as defined in Article 134 of the
RPC to which it attached the penalty of PM and fine not exceeding P20,000. It is
therefore, a bailable offense under Section 13 of A3 of the 1987 Constitution.
The prosecution does not have the right to present evidence for the denial of
bail in the instances where bail is a matter of right. However, in the cases where the
grant of bail is discretionary, due process requires that the prosecution must be
given an opportunity to present, within a reasonable time, all the evidence that it
may desire to introduce before the court should resolve the motion for bail.
In the instant case petitioner has sufficiently made out allegations which
necessitate a grant of an opportunity to be heard for the purpose of determining the
amount of bail but not the denial.