BAIL
JUDGE NAPOLEON INOTURAN, vs. JUDGE MANUEL Q. LIMSIACO, JR
A.M. No. MTJ-01-1362. May 6, 2005
Facts:
Mario Balucero was charged before the RTC of Makati Branch 133, the
presiding judge of which is Napoleon Inoturan, with the violation of BP 22.
Balucero, however, failed to appear during arraignment despite notice. Inoturan
then issued a bench warrant against him. Balucero was subsequently arrested in
Bacolod City, but was released upon posting of a property bail before the MCTC
of Pulupundan, Negros Occidental, which order was signed by Judge Manuel
Limsiaco, Jr. The arraignment of Balucero was subsequently set, but he failed
to appear notwithstanding his receipt of notices. Inoturan then ordered that
the property bond be cancelled and forfeited. He then ordered Ignacio Denila,
the Clerk of Court of the MCTC to forward the property bond. Unable to comply
with Inoturan’s order, Denila was cited in contempt and was detained. Denila
was ordered released by Limisiaco. Upon investigation, the Office of Court
Administrator found that Judge Limsiaco ordered the release of the some other
accused although they did not post bail. Limsiaco was administratively charged
for gross ignorance of the law and negligence in the performance of his duties.
Issue:
Issue:
What are the requisites before an order for release can be given in
cases of bail?
Held:
Held:
Bail is the security given for the release of a person in custody of the
law, furnished by him or a bondsman, conditioned upon his appearance before any
court as required under the conditions herein after specified. It is thus clear
that without bail, an accused under detention cannot be released. As found by
the investigating Judges, accused Balucero did not post bail but still
respondent Judge Limsiaco ordered his release.
A person applying for bail should be in the custody of the law or otherwise deprived of liberty. Indeed, bail is unavailing with respect to an accused who has not voluntarily surrendered or has yet to be placed in legal custody. In this case, Limsiaco issued the Order for the release of accused Balucero on November 21, 1996 or fifteen (15) days before December 6, 1996, the day he was actually arrested.
Moreover, Limsiaco acted without authority in approving Balucero’s alleged application for bail. Section 17, Rule 114 of the Revised Rules of Criminal Procedure provides that “if the accused is arrested in a province, city of municipality, other than where the case is pending, bail may be filed with any Regional Trial Court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein.” Here, respondent should not have approved Balucero’s application for bail. It is only one of the 14 Branches of the RTC in Bacolod City which has the authority to act thereon.