Grave abuse
Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman and approved by a court to guarantee his appearance before any court whenever required (Rules of Court, Rule 114 Section 1 and 2). It is not a matter of right. It may be denied when the evidence of guilt is strong against a person charged with a capital offense, regardless of the stage of the criminal action. This case of Meldy is an example when bail was denied because evidence of guilt is strong.
Following the shooting to death of Val, a high government official, and Meldy’s husband right in front of their house, Information for murder was filed before the Regional Trial Court (RTC) against Tino, Jimmy, Manny and Gerry for conspiring, confederating and mutually helping one another in killing Val. A separate information for parricide was also filed against Meldy before the same RTC for instigating Tino her lover to carry out the plot to kill Val with the help of his other co-accused for a price, consideration or reward.
Upon the filing of the Information for parricide against Meldy, she was immediately arrested but she filed a petition for bail, claiming that the evidence of guilt against her was not strong.
Meanwhile, when Tino was also arrested, he made a sworn statement wherein he confessed that it was Meldy who planned the murder of Val. Later on he also pleaded guilty to the charge of murder.
At the hearing of Meldy’s application for bail, the prosecution bank on testimony of Dencio, a cousin of Tino who said that in his presence Meldy impatiently, unrestrainedly and in desperation, asked Tino about the plot to kill Val. The prosecution also pointed out Tino’s plea of guilt to the charge of conspiring with Meldy in the murder of Val as strong evidence of guilt. But despite this evidence the RTC granted Meldy’s application for bail. So upon the filing of a surety bond, Meldy was released.
The prosecution, through Val’s sister, questioned this ruling and contended that in granting bail to Meldy the RTC committed a grave abuse of discretion. Were they correct?
Yes. No person charged with a capital offense or an offense punishable by reclusion perpetua or life imprisonment, like the charge of parricide against Meldy, shall be admitted to bail when the evidence of guilt is strong, regardless of the stage of the criminal action.
In this case, the RTC disregarded the glaring fact that Tino, the killer himself has confessed to the crime and has implicated Meldy as the mastermind. When taken in conjunction with the other evidence, particularly the testimony of Dencio, who is Tino’s cousin, about Meldy’s unrestrained behavior in front of him as she asked Tino in desperation about the plot to kill Val, these facts show very strongly that Meldy may have participated as principal by inducement in the murder of Val. It was thus a grave error or a grave abuse of discretion committed by the RTC to grant her application for bail. It should therefore cancel the bail posted by the accused Meldy and order her immediate arrest and detention (Valerio vs. Court of Appeals, et. al. G.R. 164311-12,
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