ADMINISTRATIVE
CIRCULAR NO. 2-92
TO:
ALL
REGIONAL TRIAL COURT PRESIDING JUDGES, THE INTEGRATED BAR OF THE
PHILIPPINES
AND THE NATIONAL PROSECUTION SERVICE, DEPARTMENT OF JUSTICE
RE:
CANCELLATION
OF BAIL BOND OF ACCUSED CONVICTED OF CAPITAL OFFENSE IN THE REGIONAL
TRIAL
COURT.
Strict
observance
by all concerned is enjoined with the following policies and guidelines
laid down in the Resolution of the Court promulgated on October 15,
1991
in G. R. No. 92560 entitled "People v. Ricardo C. Cortez,"
relative
to the application of Section 3, Rule 114 of the 1985 Rules on Criminal
Procedure, to wit:chanrobles virtual law library
The basic
governing
principle on the right of the accused to bail is laid down in Section 3
of Rule 114 of the 1985 Rules on Criminal Procedure, as amended, which
provides.
"Sec. 3. Bail,
a matter of right; exception. – All persons in custody shall,
before
final conviction, be entitled to bail as a matter of right, except
those
charged with a capital offense or an offense which, under the law at
the
time of commission and at the time of application for bail punishable
by reclusion perpetua, when evidence of guilt is strong." Pursuant to
the aforecited
provision, an accused who is charged with a capital offense or an
offense
punishable by reclusion perpetua, shall no longer be entitled
to
bail as a matter of right even if he appeals the case to this Court
since
his conviction clearly imports that the evidence of his guilt of the
offense
charged is strong.
Hence, for
the guidance
of the bench and bar with respect to future as well as pending cases
before
the trial courts, this Court en banc lays down the following
policies
concerning the effectivity of the bail of the accused, to wit:chanrobles virtual law library
(1) When
an accused
is charged with an offense which, under the law existing at the time of
its commission and at the time of the application for bail, is
punishable
by a penalty lower than reclusion perpetua and is out on bail,
and
after trial is convicted by the trial court of the offense charged or
of
a lesser offense than that charged in the complaint or information, he
may be allowed to remain free on his original bail pending the
resolution
of his appeal, unless the proper court directs otherwise pursuant to
Rule
114, Sec. 2[a] of the Rules of Court, as amended;
(2) When an
accused
is charged with a capital offense or an offense which under the law at
the time of its commission and at the time of the application for bail
is punishable by reclusion perpetua and is out on bail, and
after
trial is convicted by the trial court of a lesser offense than that
charged
in the complaint or information, the same rule set forth in the
preceding
paragraph shall be applied;
(3) When an
accused
is charged with a capital offense or an offense which under the law at
the time of its commission and at the time of the application for bail
is punishable by reclusion perpetua and is out on bail and
after
trial is convisted by the trial court of the offense charged, his bond
shall be cancelled and the accused shall be placed in confinement
pending
resolution of his appeal.As to criminal
cases
covered under the third rule abovecited, which are now pending appeal
before
this Court where the accused is still on provisional liberty, the
following
rules are laid down:chanroblesvirtuallawlibrary
(1) This
Court
shall order the bondsman to surrender the accused within ten [10] days
from notice to the court of origin. The bondsman thereupon shall inform
this Court of the fact of surrender after which, the cancellation of
the
bond shall be ordered by this Court;
(2) The RTC
shall order
the transmittal of the accused to the National Bureau of Prison thru
the
Philippine National Police as the accused shall remain under
confinement
pending resolution of his appeal;
(3) If the
accused-appellant
is not surrendered within the aforesaid period of ten [10] days, his
bond
shall be forfeited and an order of arrest shall be issued by this
Court.
The appeal taken by the accused shall also be dismissed under Section
8,
Rule 124 of the Revised Rules of Court as he shall be deemed to have
jumped
his bail.For immediate
compliance.
January 20,
1992.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |