Case Digest (G.R. No. 224974)
Facts:
This is Marvin Cruz and Francisco Cruz, in his capacity as bondsman v. People of the Philippines, G.R. No. 224974, July 03, 2017, Supreme Court Second Division, Leonen, J., writing for the Court.The private respondent was the People of the Philippines; the petitioners were Marvin Cruz (the accused in the criminal case) and his bondsman Francisco Cruz. An Information dated September 19, 2013 charged Cruz and others with robbery in an uninhabited place and by a band for taking scrap metal valued at P72,000. Cruz posted a cash bond of P12,000.00.
The private complainant later executed an Affidavit of Desistance, and on October 23, 2014 the Assistant City Prosecutor moved to dismiss. Branch 170, Regional Trial Court (RTC), City of Malabon, granted the Motion to Dismiss on October 24, 2014. There was no fine or costs imposed in the dismissal order. Subsequently, Cruz, through his bondsman Francisco, filed a Motion to Release Cash Bond; the RTC denied that motion by Order dated January 7, 2015, and denied Francisco’s motion for reconsideration by Order dated April 6, 2015.
Petitioners then filed a Petition for Certiorari under Rule 65 with the Court of Appeals (docketed CA-G.R. SP No. 141009) to assail the RTC’s denial, arguing the denial was grave abuse of discretion because Rule 114, Section 22 of the Rules of Court deems bail automatically cancelled upon dismissal. The Court of Appeals dismissed the petition on January 18, 2016, holding that appeal, not certiorari, was the proper remedy; it also observed the period to appeal had lapsed. A motion for reconsideration before the Court of Appeals was denied by resolution dated June 1, 2016.
Petitioners elevated the matter to the Supreme Court by a Petition for Review on Certiorari (Rule 45), contending the RTC committed grave abuse of discretion in denying release of the cash bond despite the dismissal. The Office of the Solicitor General (OSG) argued that cancellation of bail under Rule 114, Section 22 is without prejudice to liabilities on the bond a...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in dismissing the petition for certiorari as the wrong remedy to challenge the RTC’s denial of the motion to release cash bond?
- Did the Regional Trial Court commit grave abuse of discretion in denying the motion to release cash bond after the crimina...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)