Burden Of Proof In Bail Application
Sec. 8. Burden of proof in bail application. – At the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearing shall be considered automatically reproduced at the trial but, upon motion of either party, the court may recall any witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to testify.
The grant or denial of bail in capital offense hinges on the strength of the evidence of guilt. This requires that the trial court to conduct bail hearings wherein both the prosecution and the defense are afforded sufficient opportunity to present their respective evidence. The burden of proof lies with the prosecution to show the evidence of guilt is strong. But the determination of whether the evidence of guilt is strong is a matter of judicial discretion. Though not absolute nor beyond control, the discretion of the trial court must be sound and exercised within reasonable grounds.
MUST THE DEFENSE PRESENT ANY EVIDENCE DURING THE HEARING ON THE APPLICATION FOR BAIL?
> No, the burden of proof is upon the prosecution to show that the evidence of guilt of accused is strong
WHAT ARE THE DUTIES OF THE TRIAL JUDGE IN CASE AN APPLICATION FOR BAIL IS FILED?
1. Notify the prosecutor of the hearing or require him to submit a recommendation
2. Conduct a hearing
3. Decide whether the evidence of guilt is strong based on the summary of evidence of the prosecution
4. If the guilt of the accused is not strong, discharge the accused upon the approval of the bail bond. If evidence of guilt is strong, the petition should be denied.