This case has been cited 1 times or more.
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2012-09-26 |
VELASCO JR., J. |
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| Consequently, the Court agrees with the appellate court's finding of the presence of the fourth circumstance enumerated in the above-quoted Sec. 5 of Rule 114, Revised Rules of Criminal Procedure, and holds that the appellate court neither erred nor gravely abused its discretion in denying petitioner's application for bail pending appeal. The appellate court appeared to have been guided by the circumstances provided under the Rules. As the Court categorically held in People v. Fitzgerald, "[A]s for an accused already convicted and sentenced to an imprisonment term exceeding six years, bail may be denied or revoked based on prosecution evidence as to the existence of any of the circumstances under Sec. 5, paragraphs (a) to (e) x x x." [8] Evidently, the circumstances succinctly provided in Sec. 5 of Rule 114, Revised Rules of Criminal Procedure have been placed as a guide for the exercise of the appellate court's discretion in granting or denying the application for bail, pending the appeal of an accused who has been convicted of a crime where the penalty imposed by the trial court is imprisonment exceeding six (6) years. | |||||