Case Summary (G.R. No. L-23145)
Court of Appeals Resolution on Bail
Upon appeal, the petitioner invoked Section 5, Rule 114 (last paragraph) to petition for bail. The Solicitor General recommended allowing bail at P5,500,000.00 with conditions: certification by the local mayor of residence, hold-departure order by immigration authorities, immediate surrender of passport, and notification of any change of residence. The CA granted bail at that amount subject to these conditions and denied reconsideration.
Assignments of Error
- Grave abuse of discretion in fixing bail at P5,500,000.00.
- Reliance on civil liability as basis for bail amount.
- Undue restriction of liberty of abode and travel through imposed conditions.
Parties’ Contentions
Petitioner
– The bail amount equals his civil liability and is effectively a forfeiture of rights; the Rules of Court do not sanction civil liability as a guide for bail.
– Bail should be reduced to P40,000.00 per the 1996 Bail Bond Guide or to P20,000.00, the amount he previously posted.
– Certification requirement unduly impairs his liberty of abode and travel.
Solicitor General
– Bail at P5,500,000.00 reflects penalty severity, evidence weight, offense gravity, and flight risk given petitioner’s travel history, passport and visa possession, multiple abodes, and use of different names.
– Conditions merely ensure court notice on change of address and do not bar lawful movement.
Legal Framework for Bail on Appeal
Under Section 5, Rule 114, bail for non-capital offenses is discretionary; bail may continue on appeal under the same bond. If imprisonment exceeds six but does not exceed twenty years, bail must be denied or cancelled upon showing of factors indicating flight risk, recidivism, or risk of new crime.
Factors in Bail Determination
Section 9, Rule 114 advises courts to consider:
– Financial ability of accused
– Nature and circumstances of offense
– Penalty prescribed
– Character and reputation
– Age and health
– Weight of evidence
– Probability of appearance
– Forfeiture of other bail
– Fugitive status when arrested
– Pendency of other cases on bail
Courts have wide latitude and may impose conditions—e.g., bond increase, reporting requirements—to guard against flight.
Evaluation of Bail Amount
The Constitution prohibits excessive bail so as not to render the right meaningless. Bail must be sufficient to secure appearance but no higher than reasonably necessary. Equating bail with civil liability converts bail into a punitive or compensatory measure contrary to its purpose. Although the Bail Bond Guide recommends P40,000.00 for estafa involving large sums, courts may exceed it if circumstances warrant. Given the high penalty, weight of evidence, and heightened risk of flight after conviction, bail can be increased—but P5
...continue readingCase Syllabus (G.R. No. L-23145)
Facts of the Case
- Petitioner Francisco Yap, Jr., alias Edwin Yap, was convicted by the Regional Trial Court of Pasig City of estafa for misappropriating P5,500,000.00.
- RTC imposed an indeterminate sentence: four years and two months of prision correccional as minimum to eight years of prision mayor as maximum, plus one year for each additional P10,000.00 in excess of P22,000.00, but in no case to exceed twenty years.
- During trial, petitioner posted a cash bond and moved for provisional liberty; this motion was denied by the RTC on February 17, 1999.
- Upon appeal, petitioner filed a Motion to Fix Bail for Provisional Liberty under the last paragraph of Section 5, Rule 114 of the 1997 Revised Rules of Court.
- The Solicitor General recommended that bail be set at P5,500,000.00, with conditions concerning residence certification, hold‐departure order, passport surrender, and forfeiture clauses.
- The Court of Appeals, by resolution dated October 6, 1999, granted bail at P5,500,000.00 subject to four conditions; a motion for reconsideration was denied on November 25, 1999.
- Petitioner filed this petition alleging grave abuse of discretion.
Procedural History
- RTC Branch 167 convicted petitioner and denied his motion for provisional liberty.
- Records transmitted to the Court of Appeals; petitioner’s motion to fix bail granted at P5,500,000.00 with conditions.
- Court of Appeals denied petitioner’s motion for reconsideration.
- Petitioner elevated the matter to the Supreme Court via petition for certiorari.
Issues Presented
- Did the Court of Appeals commit grave abuse of discretion in fixing bail at P5,500,000.00?
- Was civil liability properly used as the basis for setting the bail amount?
- Did the conditions on change of residence and travel abroad un