Case Digest (G.R. No. 141529)
Facts:
Francisco Yap, Jr., a.k.a. Edwin Yap v. Court of Appeals and the People of the Philippines, G.R. No. 141529, June 06, 2001, the Supreme Court Third Division, Gonzaga-Reyes, J., writing for the Court.Petitioner Francisco Yap, Jr. was convicted by the Regional Trial Court of Pasig City (Branch 167, Judge Alfredo C. Flores) for estafa, and sentenced with a minimum of four years and two months of prision correccional to a maximum of eight years of prision mayor, plus an additional penalty provision tied to amounts in excess of P22,000.00. Petitioner filed a notice of appeal and moved for provisional liberty under the cash bond earlier posted; the trial court denied that motion on February 17, 1999.
After transmission of the records to the Court of Appeals, petitioner moved the Court of Appeals to fix bail pending appeal under the last paragraph of Section 5, Rule 114 of the 1997 Revised Rules of Court. The Solicitor General commented that bail in the amount of P5,500,000.00 may be allowed, and proposed conditions including a mayoral certification of residence, issuance of a hold-departure order by immigration authorities, and surrender of petitioner’s passport. Petitioner opposed the amount as excessive.
On October 6, 1999 the Court of Appeals, Fourteenth Division (Chairman and ponente Associate Justice Ramon A. Barcelona) granted the motion and fixed bail at P5,500,000.00 subject to the Solicitor General’s recommended conditions; a motion for reconsideration was denied on November 25, 1999. Petitioner then brought a petition ...(Subscriber-Only)
Issues:
- Did the Court of Appeals commit grave abuse of discretion in fixing bail at P5,500,000.00?
- Did the Court of Appeals commit grave abuse of discretion by basing the bail amount on the civil liability claimed by the private complainant?
- Did the Court of Appeals unduly restrict petitioner’s liberty of abode and travel by imposing the ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)