Press Release
November 28, 2011

MIRIAM CITES RULES OF COURT ON ARROYO BAIL

Sen. Miriam Defensor Santiago, a former RTC judge, said that the Rules of Court allow former President Gloria Macapagal Arroyo to apply for bail, although the charge against her of electoral sabotage is ordinarily called non-bailable.

"The grant or denial of an application for bail is dependent on whether the evidence of guilt is strong, which the lower court should determine in a hearing called for the purpose," she said, citing the 1999 case of People v. Cabral, 303 SCRA 361.

The senator said that in theory, the only function of bail is to ensure the appearance of the defendant at the time set for trial. She said the Rules of Court leave to the discretion of the trial judge the question of what form the bail will take.

Santiago, a former law professor, said that all persons in custody of the court shall be admitted to bail as a matter of right. But even if the charge is punishable by reclusion perpetua or life imprisonment, bail - although no longer a matter of right - is still a matter of discretion on the part of the judge.

Santiago quoted the Rules of Court, Rule 114, Section 7, which provides: "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 stage of the criminal prosecution."

"The grant or denial of bail in capital offenses or similar cases hinges on the issue of whether or not the evidence of guilt is strong. The determination of whether or not the evidence of guilt is strong, being a matter of judicial discretion, remains with the judge," she said, citing the 1998 case of Aleria v. Velez, 298 SCRA 611.

Santiago said that a hearing is mandatory before bail can be granted to an accused who is charged with the capital offense or similar case.

The senator cited the Rules of Court, Rule 114, Section 8, which provides: "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 the evidence of guilt is strong."

Santiago said that as a matter of due process, the RTC judge before whom Arroyo's electoral sabotage case is pending is thus required to first hold a bail hearing which is considered a summary proceeding.

"After a bail hearing, the judge should spell out at least a resume of the evidence on which its order granting or denying bail is based. Otherwise, the order is defective and voidable," Santiago said, quoting the 1991 case of Carpio v. Maglalang, 196 SCRA 41.

News Latest News Feed