Case Summary (G.R. No. 151370)
Background of the Case
The case was initially assigned to Branch 30 of the Surigao RTC, presided over by Judge Floripinas Buyser. After the prosecution concluded its presentation of evidence, the respondent filed a Demurrer to Evidence, which Judge Buyser subsequently denied. The court adjudicated that the evidence presented was sufficient to establish guilt only for homicide, not murder, due to the absence of the qualifying circumstance of treachery.
Motion to Fix Bail
Following the ruling, the respondent filed a Motion to Fix Amount of Bail Bond, proposing a bail amount of P40,000, which he argued was the usual for homicide charges in that jurisdiction. The prosecution opposed the motion, arguing that the original charge was murder, which is non-bailable, and contended that the respondent's action was improper as he should have filed a full application for bail instead.
Judicial Proceedings and Transfer
During the proceedings on the motion for bail, a question regarding Judge Buyser's impartiality led to his inhibition and the reassignment of the case to Branch 29, presided over by Judge Jose Manuel Tan. Judge Tan, aligning with Judge Buyser’s previous assessment, ruled that since the evidence suggested only homicide, which is bailable, he granted the motion and set the bail amount at P40,000.
Appeal and Certiorari Petition
Roberto Murcia, the victim's brother, together with the People as co-petitioners, challenged Judge Tan’s order by filing a petition for certiorari with the Court of Appeals. Murcia's argument centered around the procedural flaws in granting bail without a formal application or a required hearing. The Office of the Solicitor General supported this viewpoint, asserting that the grant of bail lacked necessary judicial scrutiny.
Court of Appeals Decision
On January 31, 2007, the Court of Appeals dismissed Murcia’s petition, asserting that the motion to fix bail constituted an application for bail. The appellate court affirmed the orders of Judge Tan, concluding that the hearing conducted was sufficient and in accordance with due process requirements.
Supreme Court Rulings and Legal Principles
In the Supreme Court's judgment, it was contended that the Court of Appeals erroneously ruled that sufficient procedures were followed. Citing Section 13, Article III of the 1987 Philippine Constitution, the Court emphasized that bail is a right for individuals charged with non-capital offenses unless evidence of guilt is strong. It is estab
...continue readingCase Syllabus (G.R. No. 151370)
Case Background
- The case involves a petition for review on certiorari filed by the People of the Philippines against Luis Plaza y Bucalon, also known as Loloy Plaza, who was indicted for murder.
- The petition challenges the January 31, 2007 Decision of the Court of Appeals which upheld the November 12, 2002 Order of the Regional Trial Court (RTC) of Surigao City, Branch 29, regarding the fixing of bail for the respondent.
Proceedings in the Regional Trial Court
- The original case was assigned to Branch 30 of the Surigao RTC, presided over by Judge Floripinas Buyser.
- After the prosecution presented its evidence, the respondent filed a Demurrer to Evidence, which was subsequently denied by Judge Buyser on March 14, 2002.
- The denial included a significant finding: the prosecution's evidence was deemed sufficient to establish guilt for homicide but not for murder, as the qualifying circumstance of treachery could not be applied.
Motion to Fix Amount of Bail Bond
- Following the ruling on the Demurrer, the respondent filed a Motion to Fix Amount of Bail Bond, arguing that the evidence supported only a charge of homicide, which is bailable.
- The respondent requested a bail bond of P40,000, asserting it was the customary amount for homicide cases in the RTC of Surigao City and Surigao del Norte.
Prosecution's Opposition
- The prosecution opposed the motion, asserting that the case was still classified as murder, which is non-bailable due to the potential penalty of reclusion temporal to death.
- The prose