January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 176830 : January 17, 2012]
SATURNINO OCAMPO v. JUDGE EPHREM ABANDO, ET AL.
"G.R. No. 176830 (Saturnino Ocampo v. Judge Ephrem Abando, et al.); G.R. No. 185587 (Randall Echanis v. Judge Thelma Bunyi-Medina, et al.); G.R. No. 185636 (Rafael Baylosis v. Judge Thelma Bunyi-Medina, et al.); G.R. No. 190005 (Vicente Ladlad v. Judge Thelma Bunyi-Medina, et al.).- In G.R. No. 190005, petitioner Vicente Ladlad, in his Urgent Motion to Fix Bail dated 02 May 2011, prays that he be allowed to post bail in the amount of P100,000, as the Court had previously allowed Satur Ocampo, his co-accused and co-petitioner in these consolidated cases, to post a PI00,000 bail to secure his provisional release.
The Office of the Solicitor General (OSG) filed its Comment, pointing out that the purpose of posting a bond is to secure provisional liberty. However, petitioner is not under detention. Moreover, since petitioner is charged with multiple murder, he would not be entitled to bail if evidence of his guilt is strong. Determination thereof requires evidentiary hearings and this Court is not a trier of facts.
Notwithstanding the foregoing, the OSG manifests that it interposes no objection to petitioner's motion as a gesture of the government's sincerity in peace talks negotiations with the Communist Party of the Philippines-National Democratic Front (CPP-NDF), of which petitioner is a consultant. Nonetheless, the OSG prays that petitioner's motion to fix bail be granted on condition that the duration of his provisional release be limited to the period of his actual participation as consultant of the CPP-NDF negotiating team.
In G.R. No. 185636, petitioner Rafael Baylosis also moved that he be allowed to post bail in the amount of P100,000. In its 15 September 2011 Comment, the OSG likewise interposed no objection thereto, subject to the same condition that the duration of his provisional release be limited to the period of his actual participation as consultant of the CPP-NDF negotiating team.
In G.R. No. 185587, petitioner Randall Echanis, had previously been granted provisional release by this Court upon posting a P100,000 cash bond. No oral arguments were held in his case, and his temporary release was limited "for a period not exceeding six (6) months, unless the formal peace negotiations are earlier concluded or terminated." The Court's Resolution was issued on 11 August 2009 following the OSG's Manifestation that it interposes no objection to Echanis' temporary release on condition that his temporary release shall only be for the purpose of participating in the government peace negotiations with the NDF Reciprocal Working Committee on Socio-Economic Reforms, of which he is a member, or not exceeding 6 months.
When the six-month period lapsed, petitioner Randall Echanis, on 20 July 2011, filed a Motion to Lift Conditions of Release on the following grounds: (a) his co-accused Satur Ocampo was granted bail without the same conditions; (b) he has been participating as a consultant to the peace process since his provisional release; and (c) he is on constant medical check-up and medication for his hypertension. Echanis had earlier been granted provisional release for a period not exceeding six (6) months upon posting a P100,000 bail. Again, the OSG in its Comment interposed no objection thereto, subject to the condition that the duration of his provisional release be limited to the period of his actual participation as consultant of the CPP-NDF negotiating team.
The records pertaining to Satur Ocampo showed that prior to its grant of Ocampo's provisional release upon posting a P100,000 cash bond, the Court heard the parties' oral arguments pertaining to the main issues raised in the petition.
We adopt the recommendation of the OSG on the matter.
Initially, the remand of the case to the trial court rather than granting the motion appears more procedurally sound, considering that the grant of bail requires a hearing and the presentation of evidence, because the Supreme Court is not a trier of facts. However, remanding the case to the trial court for hearing on the motion for bail will take time and thus defeat the reason for the OSG's acquiescence to petitioner's provisional release.
In the case of Ocampo, the Court heard the parties' oral arguments pertaining to the main issues raised in the petition prior to its grant of Ocampo's provisional release upon posting a P100,000 cash bond. On the other hand, the records in the case of Echanis showed that no such hearing had been held prior to the Court's grant of his provisional release for a period not exceeding 6 months upon his posting of a P100,000 bond, at the recommendation of the OSG.
It appears that the circumstances in the Echanis case better approximates the circumstances surrounding petitioners Ladlad and Baylosis when compared to those in the Ocampo case. Hence, the Court's action herein should follow the course taken in the Echanis case. Hence, with respect to petitioners Ladlad and Baylosis, the Court grants their motion to fix bail at P100,000 subject to the condition that petitioners' temporary release shall be limited to the period of their actual participation as consultants of the CPP-NDF negotiation team.
On the other hand, as regards petitioner Echanis, the Court should grant his provisional release upon posting of a P100,000 bail, subject to the same condition of petitioners Ladlad and Baylosis that his temporary release shall be limited to the period of his actual participation as consultant in the CPP-NDF negotiation team.
WHEREFORE, the Court RESOLVES to:
1. GRANT petitioner Vicente Ladlad's Urgent Motion to Fix Bail in the amount of P100,000;
2. GRANT petitioner Rafael Baylosis's Motion to Fix Bail in the amount of P100,000;
3. GRANT with MODIFICATION petitioner Randall Echanis's Motion to Lift Conditions of Release by requiring him to post bail in the amount of P100,000;
all subject to the condition that petitioners' temporary release shall be limited to the period of their actual participation as consultants of the CPP-NDF in the peace negotiations with the government." cralaw
Brion J., on official leave.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court