G.R. No. 211839 - Privatization and Management Office vs. Court of Tax Appeals

Jose Antonio Leviste was charged with murder before the Regional Trial Court (RTC) of Makati City, Branch 150, for the death of Rafael de las Alas.
During pre‐trial bail hearing, the RTC granted Leviste bail ex abundanti cautelæ for P300,000, finding the evidence of strong guilt for murder lacking.
After trial, RTC convicted Leviste of the lesser offense of homicide and imposed an indeterminate sentence of 6 years + 1 day to 12 years + 1 day.
The RTC then cancelled his bail bond pursuant to Section 5, Rule 114, due to the imposed penalty exceeding six years.

Leviste filed a notice of appeal with the Court of Appeals (CA) and, before transmittal of the record, applied anew for bail pending appeal, citing age, health, and absence of flight risk.
The CA denied bail, invoking the principle that bail pending appeal is discretionary and must be granted only with grave caution and strong reasons.
On motion for reconsideration, the CA reaffirmed its denial, making a prima facie evaluation that no substantial reason existed to overturn the homicide conviction or treachery element of the original murder charge.

Leviste filed a Rule 65 petition for certiorari in the Supreme Court, alleging the CA acted with grave abuse of discretion in denying bail despite absence of any Section 5(bail‐negating) circumstances.
The Office of the Solicitor General (OSG) opposed, urging affirmance of CA discretion under Section 5, Rule 114.
Leviste submitted additional manifestations on health and consent letters from the victim’s heirs, but maintained that no statutory ground existed to deny bail pending appeal.

Whether, upon conviction by the RTC of a non‐capital offense carrying imprisonment in excess of six years, bail pending appeal must be automatically granted in the absence of any of the enumerated circumstances in the third paragraph of Section 5, Rule 114.
Whether the CA committed grave abuse of discretion in denying bail pending appeal when Leviste was not proven to be a recidivist, flight risk, or otherwise subject to bail‐negating circumstances.