This case has been cited 2 times or more.
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2002-01-23 |
PARDO, J. |
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| "2. Judge Quintin B. Alaan be FINED in the amount of Two Thousand Pesos (P2,000.00) with a WARNING that a repetition of the same and similar act in the future will be dealt with more severely." True, the suspects have the right to apply for bail since the charge of violation of the Omnibus Election Code is a bailable offense. In this jurisdiction, however, before the judge may grant applications for bail, whether bail is a matter of right or discretion, the prosecutor must be given reasonable notice of hearing or he must be asked to submit his recommendation.[7] | |||||
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2002-01-21 |
YNARES-SANTIAGO, J. |
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| Respondent Judge should not have granted bail simply on the failure of the prosecution to prove that the evidence of guilt of the accused was strong but should have endeavored to determine the existence of such evidence.[10] Under the present rules, a hearing is required in granting bail whether it is a matter of right or discretion.[11] A motion to reduce the amount of bail likewise requires a hearing before it is granted in order to afford the prosecution the chance to oppose it.[12] In this jurisdiction, whether bail is a matter of right or discretion, reasonable notice of hearing is required to be given to the prosecutor or fiscal, or at least he must be asked for his recommendation.[13] If the prosecution refuses to adduce evidence or fails to interpose an objection, it is still mandatory for the court to conduct a hearing or ask searching and clarificatory questions.[14] In fact, even in cases where there is no petition for bail, a hearing should still be held.[15] | |||||