Victory Liner vs Judge Bellosillo

Facts:
Judge Reynaldo Bellosilo was the presiding Judge of Orani, Bataan MCTC and
ating Judge in Dinalupihan, Hermosa Bataan.
On March , !!! one of the "us of #ictory $ine was cruising along the
national highway of Dinalupihan, Bataan, it accidentally hit and fatally
in%ured Marciana Bautista Morales who died a day after. #ictory $iner Bus
&nc. shouldered the funeral and "urial of Marciana Morales and on March ',
!!! entered into an (greement with the heirs of Marciana Morales. On
March )*, !!! upon the payment of #$& to the heirs of Marciana Morales
they e+ecuted ,&-(./(M(-. /($(0/(0 "etween #$& and the heirs though
their authori1ed representati2e 3austina M. (ntonio e+ecuted Release of
Claim and a4da2it of Desistance in fa2our of #$& and Reino dela Cru1, dri2er
of #$&.
Howe2er, on March 5, !!!, of the sons of Marciana Morales who are also a
signatories in the e+ecuted agreement with #$& already 6led a criminal case
against the dri2er Rieno dela Cru1 of the crime of rec7less imprudence
resulting in homicide.
On March )5, !!! after the ,reliminary e+amination, Judge Bellosillo
ordered the issuance of warrant of arrest of Dela Cru1 and 6+ed his "ail of
,8!7 in cash and ordered the Chief of ,olice of Bataan to impound the "us
in2ol2ed in the accident which could "e released only upon posting "ail of
,8!7.
On March 5!, !!!, #$& paid cash "ond under protest and upon showing the
o4cial recipt to the chief of police the impounded of "us was released.
(gain, the Judge ordered the Chief of ,olice to e+plain in writing why did they
released the "us without court order. The "us was re9impounded and on
(pril ):, !!! "y 2irtue of Judge B;llisillo<s order.
On June !, !!! #$& 6led with O4ce of the Court of (dministration against
Judge Reynaldo Belosillo claiming his &.-OR(-C; O3 TH; $(= for
impounding the "us and re>uired #$& to post "ond for the release , .R(#;$0
(B?/;D H&/ (?THOR&T0 when it re2o7ed the srety "ond of dri2er ;dwin
/errano, R;-D;R;D ?-J?/T (-D O,,R;//&#; ORD;R when he ordered the
"ail to "e increased from 8!7 to 58!7 and re>uired it to "e posted in cash,
.?&$T0 O3 &-(C(T&O- for failing to resol2e the petitiuon of #$& despite of the
time lapse .
The respondent %usti6es his action in his comment, that the "ail he re>uired
for #$& was to pay the damagaes "y way of su"sidiary lia"ility in case of
insol2ency, the cash re>uirement for "ail according to him was re>uired for it
was the prayer of the prosecution and it is his iscretion as Judge as to what
for of payment of the "ail as per the Rules of Court., the increase "ail from
8!7 to 58!7 was ordered "ecause the dri2er was already a fugiti2e.
&ssue@ =hether the imposition of cash "ond and re>uiring the accused to pay
in cash tantamount to gra2e a"use of authority, gross ignorance of the law,
e+cessi2e "ail , un%ust and oppressi2eA
Held
The /upreme Court held that Judgec Bellosillo was wrong in increasing the
"ail "ond of dri2er /errano unconsciona"ly from '!7 to 58!7 . (lthough
/errano and Dela Cru1 was regular wor7er of #$& they are not capa"le of
paying cash "ond of ,8!7 and 58!7 respecti2ely.
The Constitution guarantees to e2ery person under legal custody that right
to "ail e+cept oBenses punisha"le with reclusion perpetua pro2ides, that in
6+ing the amount of "ail, the Judge must primarily consider the following
factors@
). 3inancial a"ility of the accused to post "ail
. -ature and circumstance of the oBense
5. ,enalty for the oBense charged
*. Character and reputation of the accused
8. The weight of e2idence against the accused
'. (ge and health of the accused
C. ,ro"a"ilitty of the accused appearing in trial
:. 3orfeiture of the "onds
D. The fact that the accused was a fugiti2e when arrested
)!. The pendency of the cases in which the accused is under "ond
The amount of "ail should, therefore "e reasona"le at all times. &t must "e
high enough to assure the presence of the accused when re>uired "ut no
higher than is reasona"ly calculated to ser2e this purpose. ;+cessi2e "ail
should not "e re>uired.
The Rules of Court allowed the payment of Bail "ond in cash in leu of /urety
Bond, "ut the choice "elong to the accused.
Moreo2er under !!! Bail Bond .uide of DOJ, crimes of Rec7less
i&mprudence resulting in homicide and with 2iolation of $TO Tra4c Code, "ail
shall "e 5!7 regardless of the num"er of deaths.
The /upreme Court charge Judge Bellosillo guilty for ignorance of the law and
oppression in imposing e+cessi2e "ail "onds on Dela Cru1 ans /errano<s case
and respondent Judge was ordered to pay a 6ne of ,)!7 3ROM H&/
R;T&R;M;-T B;-;3&T/.