Offenses Not Bailable, Bail As A Matter Of Discretion
Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. – No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the state of the criminal prosecution.
IN AN INFORMATION FILED BEFORE THE RTC, RP WAS CHARGED WITH VIOLATION OF PD 1866 FOR ILLEGAL POSSESSION OF FIREARMS PUNISHABLE BY RECLUSION TEMPORAL MAXIMUM TO RECLUSION PERPETUA. PENDING TRIAL, RP WAS RELEASED ON BAIL. THEREAFTER, RP WAS CONVICTED AS CHARGED AND METED AN INDETERMINATE PENALTY OF 17 YEARS 4 MONTHS AND 1 DAY OF RECLUSION TEMPORAL TO 21 YEARS OF RECLUSION PERPETUA. ON APPEAL, RP’S CONVICTION WAS AFFIRMED AND HIS BAIL WAS CANCELLED. RP APPEALED TO THIS DECISION AND PRAYED TO BE
ALLOWED TO POST BAIL FOR TEMPORARY LIBERTY. IS RP ENTITLED TO BAIL?
> In this case, appellant was convicted of a crime punishable by reclusion perpetua. He is therefore not entitled to bail as his conviction clearly imports that the evidence of guilt is strong.
> Furthermore, a summary hearing for his bail application for the sole purpose of determining whether or not evidence is strong is unnecessary.
> The extensive trial before the lower court and the appeal before respondent court are more than sufficient in accomplishing the purpose for which a summary hearing for bail application is designed