SERAPIO VS.

SANDIGANBAYAN
396 SCRA 443
Facts: Petitioner Edward Serapio was a member of the Board
of Trstees an the !e"a! conse! of the Erap #s!im $oth
Fondation% Sometime &'''( petitioner recei)ed on its beha!f
a donation in the amont of Php &''# thro"h Cha)it
Sin"son% Petitioner recei)ed he donation worth the
Fondation*s accont% +n &'''( Cha)it Sin"son pb!ic!,
accsed President Estrada and his fami!, members and
friends of en"a"in" in se)era! i!!e"a! acti)ities which tri""ered
the -!in" with the ./ce of the .mbdsman se)era! crimina!
comp!aints a"ainst the petitioner( 0oseph Estrada and his son%
.n Apri! 4( &''1( .mbdsman -!ed with the Sandi"anba,an
+nformations a"ainst the former president( one of which( for
p!nder% 2o bai! was recommended for the pro)isiona! re!ease
of a!! the accsed inc!din" the petitioner% The case was
ra3ed to a specia! di)ision which was sbse4ent!, created
b, the Spreme Cort% .n &5 Apri! &''1( Sandi"anba,an
issed a reso!tion -ndin" probab!e case to 6stif, the
issance of warrants of arrest for the accsed% Arrai"nment
was set on &7 0anar, &''1% +n the meantime( petitioner -!ed
with Sandi"anba,an an 8r"ent Petition for bai!( which was set
for hearin" on #a, 4( &''1% Petitioner*s co9accsed 0in""o,
Estrada -!ed a motion a!!e"in" that he was entit!e to bai! as a
matter of ri"ht%
:rin" the hearin" on #a, 4( &''1 on petitioner*s 8r"ent
Petition for Bai!( the prosection mo)ed for the resettin" of
the arrai"nment of the accsed ear!ier than the 0ne &7
sched!e% ;owe)er( Sandi"anba,an denied the motion of the
prosection and issed an order dec!arin" that the petition for
bai! can and sho!d be heard BEF.RE petitioner*s arrai"nment
on &7 0ne% .n 0ne 1( Sandi"anba,an issed a reso!tion
re4irin" the attendance of petitioner as we!! as a!! the other
accsed drin" the hearin" on the petitioner for bai!
considerin" that nder Section <( R!e 115 of the Re)ised
R!es of Cort( whate)er e)idence addced drin" the hearin"
sha!! be considered atomatica!!, reprodced at the tria!%
The peop!e insist that arrai"nment is necessar, before bai!
hearin"s ma, be commenced becase it is on!, pon
arrai"nment that the isses are 6oined% The peop!e frther
stress the it is on!, when an accsed p!eads not "i!t, ma, he
-!ed a petition for bai! and if he p!eads "i!t,( then there
wo!d be no need for him to -!e said petition% +t is a!so the
contention of the peop!e that it is on!, drin" arrai"nment
that the accsed is informed of the precise char"e a"ainst
him% ;e mst then be arrai"n -rst prior to bai! hearin"s to
pre)ent him from !ate on assai!in" the )a!idit, of the bai!
hearin"s on the "rond that he was not proper!, informed of
the char"e considerin" that nder section < of R!e 114(
e)idence presented drin" bai! hearin"s are reprodce in the
tria!% Arrai"nment before bai! hearin"s a!so diminished the
possibi!it, of accsed*s =i"ht since tria! in absentia ma, be
had on!, if an accsed escapes after he has been arrai"ned%
;owe)er( the bai! hearin" a"ain did not proceed becase the
petitioner -!ed with the information a motion to 4ash the
amended information on the "ronds that as a"ainst him( the
amended information does not a!!e"e a combination of series
of o)er or crimina! acts constitti)e of p!nder% Accordin" to
the prosection( the motion to 4ash the amended
information was antithetica! to his petition for bai!%
Petitioner a!so pra,s for the issance of habeas corps%
+sses:
>a? @A2 petitioner sho!d -rst be arrai"ned
before hearin"s of his petition for bai! ma,
be condcted%
>b? @A2 petitioner ma, -!e a motion to 4ash
the amended +nformation drin" the
pendenc, of his petition for bai!%
>c? @A2 a 6oint hearin" of petition for bai! for a!!
the accsed is mandator,
>d? @A2 petitioner sho!d instead be re!eased
thro"h a writ of habeas corps%
:ecision:
>a? A!tho"h the petitioner was a!read, arrai"ned( no p!ea has
,et been entered thereb, renderin" the isse of whether an
arrai"nment is necessar, before the condct of bai! hearin"s
in the petitioner*s case moot% 2onethe!ess( the cort he!d that
arrai"nment of an accsed is not a pre9re4isite to the
condct of hearin"s on his petition for bai!% A person is
a!!owed to petition for bai! as soon as he is depri)ed of his of
his !ibert, b, )irte of his arrest or )o!ntar, srrender%
+n Ba)ides )s% CA( the cort r!ed that in cases where it is
athoriCed( bai! sho!d be "ranted before arrai"nment
otherwise the accsed ma, be prec!ded from -!in" a motion
to 4ash% ;owe)er( this prononcement sho!d not be taDen
to mean that the hearin" on a petition for bai! sho!d at a!!
times precede arrai"nment( becase the r!e is that a person
depri)ed of his !ibert, b, )irte of his arrest or )o!ntar,
srrender ma, app!, for bai! as soon as he is depri)ed of
!ibert, e)en before a comp!aint or information is -!ed a"ainst
him% The case of Ba)ides mst be nderstood in !i"ht of the
fact that the accsed in said case -!ed a petition for bai! as
we!! as a motion to 4ash% ;ence( in that case( the cort he!d
that to condition the "rant of bai! to an accsed on his
arrai"nment wo!d be to p!ace him in a position where he had
to choose between -!in" a motion to 4ash and ths de!a, his
petition for bai! and for"oin" the -!in" of the motion to 4ash
so that he can be arrai"n at once ad therefore be re!eased on
bai!% Sch wo!d ndermine the constittiona! ri"ht of the
accsed%
@hen a bai! is matter of ri"ht( an accsed ma, app!, for and
be "ranted bai! e)en prior to arrai"nment% The Ba)ides case
a!so imp!ies that an app!ication for bai! in a case in)o!)in" an
oEense pnishab!e b, rec!sion perpeta to death ma, a!so
be heard e)en before an accsed is arrai"ned%
Sandi"anba,an therefore committed "ra)e abse of discretion
amontin" to eFcess of 6risdiction in orderin" the
arrai"nment of petitioner before proceedin" with the hearin"
of his petition for bai!%
>b? Cort dins no inconsistenc, eFists between an app!ication
of an accsed for bai! and his -!in" of a motion to 4ash% Bai!(
is the secrit, "i)en for the re!ease of the person in cstod, of
the !aw% A motion to 4ash on the other hand is a mode b,
which an accsed assai!s the )a!idit, of a crimina! comp!ain
-!ed a"ainst him for ins/cienc, on its fact in posit of !aw%
These tow re!ied ha)e ob6ecti)es which are not necessari!,
antithetica! to each other% ;owe)er( it is tre that if a motion
to 4ash a crimina! comp!aint or information on the "rond
that the same does not char"e an, oEense is "ranted and the
case is dismissed and the accsed is ordered re!eased( the
petition for bai! of an accsed ma, become moot and
academic%
>c? Petitioner ar"es that a 6oint bai! hearin" wo!d ne"ate his
ri"ht to ha)e his petition for bai! reso!)ed in a smmar,
proceedin" since said hearin" mi"ht be con)erted into a f!!
b!own tria!% Prosection on the other hand c!aims that 6oint
hearin"s wi!! sa)e the cort form ha)in" to hear the same
witnesses and the parties from presentin" the same
e)idences% There is no pro)ision in the R!es of Cort
"o)ernin" the hearin"s of two or more petitioner for bai! -!ed
b, diEerent accsed or that a petition for bai! of an accsed
be heard sim!taneos!, with the tria! of the case a"ainst the
other accsed% The matter sho!d be addressed to the sond
discretion of the tria! cort% +n the eFercise of its discretion(
the Sandi"anba,an mst taDe into accont not on!, the
con)enience of the sate( inc!din" the prosection bt a!so
that of the petitioner and the witnesses%
+n the case of .campo )s% Bernabe( the cort r!ed that in a
petition or bai! hearin"( the cort is to condct on!, a
smmar, hearin"( meanin" sch brief and speed, method of
recei)in" and considerin" the e)idence of "i!t as is
practicab!e and consistent with the prpose of the hearin"
which is ear!, to determine the wei"ht of e)idence for
prposes of bai!% The cort does not tr, the merits or enter
into the in4ir, as to the wei"ht that o"ht to be "i)en to the
e)idence a"ainst the accsed( nor wi!! it spec!ate on the
otcome of the tria! or on what frther sch e)idence as has
reference to sbstantia! matters% +n the case at bar( the case
a"ainst former President Estrada is an entire!, diEerent
matter% For( with the participation of the former president in
the hearin" of petitioner*s petition for bai!( the proceedin"
assmes comp!ete!, diEerent dimension% The proceedin" wi!!
no !on"er be smmar, since the proceedin"s wi!! be f!! b!own
which is antithetica! to the natre of a bai! hearin"% The
6oinder of the petitioner*s bai! wi!! be pre6dicia! to the
petitioner as it wi!! nd!, de!a, the determination of the
isse of the ri"ht of petitioner to obtain pro)isiona! !ibert, and
seeD re!ief from his cort% The Sandi"anba,n a"ain
committed a "ra)e abse of discretion in orderin" a
sim!taneos hearin" of petitioner*s petition for bai! with the
tria! of the case a"ainst former president%
>d? +n the case at bar( bai! is not matter of ri"hts since the
accsed is char"ed with a capita! oEense( bt discretionar,
pon the cort% 8nder Section < of r!e 114( there mst be a
showin" that the e)idence of "i!t a"ainst a person char"ed
with a capita! oEense is not stron" for the cort to "rant him
bai!%( ths( pon an app!ication for bai!( b, the person
char"ed with a capita! oEense( a hearin" mst be condcted
where the prosection has the brden of showin" that the
e)idence of "i!t a"ainst an accsed is stron"% @hen the
e)idence of "i!t is stron"( bai! becomes a matter of ri"ht(
which is not so in the case at bar%
+n eFceptiona! cases( habeas corps ma, be "ranted n, the
corts e)en when the person concerned is detained prsant
to a )a!id arrest or his )o!ntar, srrender% The writ ma, be
issed where the depri)ation of !ibert, whi!e initia!!, )a!id
nder the !ad had not !ater become in)a!id% ;owe)er( there is
no basis -r the issance of the writ in the case at bar% The
"enera! r!e is that the writ does not !ie where the person
a!!e"ed to be restrained of his !ibert, is in the cstod, of an
o/cer nder process issed b, a cort which had 6risdiction
to issed the same app!ied( becase petitioner is nder
detention prsant to the order of arrest% Petitioner in fact
)o!ntari!, srrendered himse!f to the athorities%