[ G.R. No. L-1571, September 17, 1947 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. ERNEST BERG, ACCUSED AND APPELLANT.
R E S O L U T I O N
CRIMINAL PROCEDURE; BAIL IN CAPITAL OFFENSES; DISCRETION OF COURT. Nothing in the Constitution or in the Rules of Court prohibits the grant of bail to persons (like the appellant) convicted of a capital offense and sentenced to reclusion perpetua in
the courts of first instance or in the People's Court; as a matter of fact, in the exercise of its discretion it has, in several instances, granted bail to accused persons so sentenced. (People vs. Hontañosas, L-858; People vs. Geneceran, L-1304; People vs.
Labra, L-87; People vs. Bañez, L-25.) Considering, however, that appellant is very wealthy, and is a German by birth although a naturalized Filipino citizen, and that his family is actually abroad, the possibility or probability of his jumping the bond as indicated by the
Solicitor General, is not far fetched. Consequently, in the absence of special circumstances, the Court sees no valid reason to differ with the People's Court in the denial of bail.
[G.R. No. L-1571, res. of September 17, 1947]