BAIL IN A NON-BAILABLE OFFENSE?? As i wait for my connecting flight to the US here in Seoul, I learn thru Rappler that Cedric Lee et al. were granted bail by the trial court. Before anybody flies off the handle with wild accusations, allow me to state this -- the judge in this case (RTC Judge Maria Paz Cortes) is one of the strictest but FAIREST judges in the judiciary. Some judges decide based on what is popular, so they have greater chances of being promoted to the appellate court. Judge Cortes has -- from my own experience -- always decided on the basis of the evidence. How can bail be granted in a supposedly non-bailable offence? Section 4, Rule 114 of the Rules of Court provides that (a)ll persons in custody shall be admitted to bail AS A MATTER OF RIGHT. However, Section 7 of the same Rule provides that (n)o person charged with an offence punishable by reclusion perpetua (life imprisonment) shall be admitted to bail WHEN THE EVIDENCE OF GUILT IS STRONG. Putting the 2 provisions together, this means that EVERYONE IS ENTITLED TO BAIL; but if the evidence of guilt is strong in certain offences, bail can be denied. Among the crimes charged against CL et al., illegal detention carries the penalty of reclusion perpetua. What happened is that CLs lawyer filed a Petition for Bail, which basically challenged the prosecution to present proof that they had strong evidence that CL committed the crime of illegal detention. Marathon bail hearings were conducted, including the appearance and testimony of the actor-victim. Apparently, and after all the evidences were submitted, the judge was NOT CONVINCED that there was STRONG evidence that the crime of illegal detention was committed. Either that, or the prosecution did a piss-poor job of presenting its evidence. Can CL et al. still be later convicted of illegal detention? That possibility still exists; however, the prosecution has its work cut out for them. The judge needs to see stronger evidence -- PROOF BEYOND REASONABLE DOUBT -- than what had been submitted before the court during the bail hearings. The actors lawyers still have a chance, albeit a very slim one.
Posted on: Mon, 15 Sep 2014 09:42:23 +0000
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