PEOPLE VS. FORTES [223 SCRA 619; G.R. NO.

90643; 25 JUN 1993]

Thursday, February 12, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law
Facts: Agripino Gine of Barangay Naburacan, Municipality of
Matnog, Province of Sorsogon, accompanied his 13year old
daughter, Merelyn, to the police station of the said municipality to
report a rape committed against the latter by the accused!
"ollo#ing this, the accused #as apprehended and charged! A
bond of P$%&&& #as granted for accused's provisional release!
(he M)() found him guilty! An appeal to *() #as filed, the
re+uest for the fi,ing of bond #as denied! No# accused assails
denial of bail on the ground that the same amounted to an undue
denial of his constitutional right to bail!
Issue: -hether or Not the accused's right to bail violated!
Held: No! .t is clear from Section 13, Article ... of the 1/01
)onstitution and Section 3, *ule 112 of the *evised *ules of
)ourt, as amended, that before conviction bail is either a matter
of right or of discretion! .t is a matter of right #hen the offense
charged is punishable by any penalty lo#er than reclusion
perpetua! (o that e,tent the right is absolute! .f the offense
charged is punishable by reclusion perpetua bail becomes a
matter of discretion! .t shall be denied if the evidence of guilt is
strong! (he court3s discretion is limited to determining #hether or
not evidence of guilt is strong! But once it is determined that the
evidence of guilt is not strong, bail also becomes a matter of
right! .f an accused #ho is charged #ith a crime punishable by
reclusion perpetua is convicted by the trial court and sentenced to
suffer such a penalty, bail is neither a matter of right on the part
of the accused nor of discretion on the part of the court