Gross ignorance

Can a person lawfully arrested and detained but who has not yet been formally charged in court seek his provisional release by filing an application for bail? Where should the application be filed? These are the questions answered in this case of Lulu.

In an entrapment operation conducted by the PNP relative to the carnapping of the vehicle of Gina, Lulu was arrested and detained at Camp Crame Quezon City on May 24, 2000. Upon inquest Lulu executed a waiver of the provisions of Article 125 of the Revised Penal Code which requires the delivery of the person detained to the proper judicial authorities within specified number of hours depending on the punishment for the crime committed. The case was set for preliminary investigation by Inquest Prosecutor on May 31, 2000 at 2 p.m. with Gina as the complainant under I.S. No. 2000-1031.

However on May 30, 2000, Lulu obtained an order of release from Branch 32 of the Marikina Regional Trial Court. The assisting Judge in said court granted bail to Lulu and approved the corresponding bail bond without any formal application or petition filed by Lulu and without serving notice to the prosecutor. Moreover the Executive Judge of the Marikina RTC as well as the Presiding Judge of the Branch were available at that time.

When Gina learned about the action of the Judge, she filed a complaint against the Judge for gross ignorance of the law and grave abuse of authority contending that said Judge had no authority to grant bail to Lulu since the Investigating Prosecutor has yet to conclude the preliminary investigation. She claimed that for as long as the Information has not been filed in Court, the Judge has no power to grant bail since the Court has not yet acquired jurisdiction over the person of the accused. Was the Judge guilty?

Yes. It is true that a person lawfully arrested and detained but not yet formally charged in court can seek provisional release through filing of an application for bail. He need not wait for a formal complaint or information to be filed since bail is available to all persons where the offense is bailable. Section 7, Rule 112 of the Rules of Criminal Procedure provides that a judge could grant bail to a person lawfully arrested but without warrant upon waiver of his right under Article 125 of the Revised Penal Code as Lulu has done upon her inquest. Undeniably, Lulu was entitled to bail as a matter of right since the offense with which she was charged does not carry the penalty of life imprisonment, reclusion perpetua or death.

But the application for bail must be filed with the court in the province, city or municipality where she is held. In this case Lulu was detained in Camp Crame, Quezon City. Thus the application for bail should have been filed before the proper Quezon City court and not in Marikina City. In addition no formal application or petition for bail was filed by Lulu. Neither was there a hearing conducted thereon nor the prosecutor notified of the bail application. This is in violation of the rules requiring a hearing on the application for bail with notice given to the prosecutor or at least his recommendation on the matter should have been sought. So the assisting judge is indeed guilty of gross ignorance of the law (Ruiz vs. Beldia, Jr. A.M. RTJ-02-1731. February 16, 2005. 451 SCRA 402)

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