Case Summary (G.R. No. 149723)
Procedural History
– Information filed in RTC Branch 75, Olongapo City (Criminal Case No. 422-94) charging RA 7610 violation punishable by reclusion perpetua.
– RTC Decision (May 7, 1996) convicted Fitzgerald of a lesser offense, sentencing him to 8 years and 1 day to 17 years, 4 months and 1 day imprisonment, ordering indemnity and eventual deportation; acquitted in Criminal Case No. 419-94.
– RTC denied bail (August 1, 1996) for risk of flight and likelihood of reoffending.
– CA affirmed conviction (Decision, September 27, 1999) with modified penalty of 14 years, 8 months and 1 day to 20 years and 1 day.
– CA granted new trial (Resolution, August 25, 2000), remanding records to RTC to receive new evidence; subsequent CA reconsideration (November 13, 2000) denied bail.
– CA granted bail (Resolution, August 31, 2001) on humanitarian grounds (age and health) despite “strong evidence” and the remand order.
– People filed Rule 45 petition before the Supreme Court challenging CA’s bail grant and its jurisdiction.
Applicable Law
– 1987 Constitution, Article III, Section 13: Right to bail except for offenses punishable by reclusion perpetua when evidence of guilt is strong.
– Rules of Court, Rule 114, Sections 4–5 (2000 Rules on Criminal Procedure):
• Sec. 4 makes bail a matter of right except in capital or life-imprisonment cases with strong evidence.
• Sec. 5 enumerates grounds for discretionary refusal or revocation of bail for convictions exceeding six years (probability of flight, risk of reoffending, etc.).
– RA 7610, Sec. 5(a)(5): Imposes reclusion temporal to reclusion perpetua for inducing a child to prostitution by giving pecuniary benefit.
Jurisdiction of the Court of Appeals after a New Trial Grant
The CA’s August 25, 2000 Resolution granting new trial did not divest it of jurisdiction. Under Rule 124, Sections 12 and 15, the CA may retain appellate authority while directing the trial court to receive new evidence. It remained competent to resolve ancillary matters, including bail applications, pending transmission of the records.
Nature and Scope of the Right to Bail
Bail flows from the presumption of innocence. Under the 1987 Constitution and Rule 114:
– Accused persons are generally entitled to bail before conviction for non-capital offenses.
– For offenses with penalties up to reclusion perpetua, bail is discretionary when evidence of guilt is strong.
– After conviction and sentencing exceeding six years, bail may be denied or revoked upon showing any of the enumerated circumstances (e.g., flight risk, risk of another offense).
Defects in the Court of Appeals’ Bail Grant
– The CA based bail on respondent’s age and health without finding a compelling medical necessity or life-threatening condition.
– It acknowledged “strong evidence” of guilt yet admitted Fitzgerald to bail on “humanitarian grounds,” ignoring the procedural and substantive prerequisites of Rule 114, Sec. 5.
– The CA did not address any of the required grounds (probability of flight, risk of reoffending), instead granting bail on an unarticulated basis unrelated to the Motion filed.
Established Risk of Reoffending
The RTC, upon the original bail application, found Fitzgerald suffered from pedophilia—a recurrent and inte
Case Syllabus (G.R. No. 149723)
Facts of the Case
- An Information was filed in RTC Branch 75, Olongapo City (Crim. Case No. 422-94) charging Fitzgerald, an Australian citizen, with violation of Section 5(a)(5) of R.A. No. 7610 for inducing “AAA,” a 13-year-old minor, into prostitution by means of laced drugs (“vitamins”), gifts, clothes and food, and thereafter having carnal knowledge of her.
- The RTC rendered a decision (May 7, 1996) finding Fitzgerald guilty beyond reasonable doubt of a lesser offense, sentencing him to an indeterminate prison term of 8 years and 1 day of prision mayor as minimum to 17 years, 4 months and 1 day of reclusion temporal as maximum, ordering payment of moral and exemplary damages, credit for preventive imprisonment, and deportation upon sentence completion. In a separate rape case (Crim. Case No. 419-94), he was acquitted.
RTC Bail Proceedings
- Fitzgerald moved for bail pending appeal.
- The RTC denied bail (Order dated August 1, 1996), citing probability of flight and undue risk of committing a similar offense if released.
First Court of Appeals Decision
- On appeal, the CA affirmed the RTC decision (Decision dated September 27, 1999) but modified the penalty to 14 years, 8 months and 1 day of reclusion temporal to 20 years and 1 day of reclusion perpetua.
Motion for New Trial and CA Resolutions
- Fitzgerald filed a Motion for New Trial on the ground of new and material evidence.
- The CA granted new trial (Resolution dated August 25, 2000), remanding the case to the RTC to receive newly discovered evidence within 60 days and report back. The CA retained jurisdiction over the appeal.
- The People moved for reconsideration; Fitzgerald moved to fix bail. Both were denied in the CA’s November 13, 2000 Resolution, holding bail inadmissible under Rule 114 § 7 due to strong evidence of guilt and the penalty of reclusion perpetua.
Supreme Court Proceedings
- The People filed a Petition for Review on Certiorari (G.R. No. 146008) questioning the CA’s new-tria