GR L 2496; (October, 1948) (Digest)
G.R. No. L-2496; October 29, 1948
MARCOS ENAGE, petitioner, vs. THE PROVINCIAL WARDEN OF DAVAO CITY, respondent.
G.R. No. L-2497; October 29, 1948
ANG TIONG, GO KAM, LIM PENG, TE CHAYE, LO BOK, and SY BIO, petitioners, vs. ENRIQUE A. FERNANDEZ, in his capacity as Judge of the Sixteenth Judicial District (Davao City), and THE PEOPLE OF THE PHILIPPINES, respondents.
FACTS
Two petitions were consolidated. In G.R. No. L-2496, Marcos Enage, charged with murder for the killing of Alfonso Ang Liongto, was denied bail by the trial court. In G.R. No. L-2497, six other accused (Ang Tiong, et al.), who had previously been granted bail and released, had their bail bonds cancelled and were ordered recommitted. The trial court’s order was based on the prosecution’s presentation of evidence, primarily the testimony of convicted co-accused James Young, which it deemed “sufficient” to show guilt. The prosecution alleged it had discovered new damaging evidence after initially recommending bail.
ISSUE
Did the trial court commit a grave abuse of discretion in denying bail to Marcos Enage and in cancelling the bail bonds of the six other accused?
RULING
Yes. The Supreme Court granted the petitions.
1. For Marcos Enage, the evidence against him was hearsay (from a stenographer about an affidavit) and uncorroborated. Even if true, the alleged facts did not establish a connection to the murder. Denying him bail violated his constitutional right.
2. For the six other accused, the lone testimony of James Young, a self-confessed killer for reward, was uncorroborated, tainted with contradictions and improbabilities, and did not constitute strong evidence of guilt required to deny bail in a capital offense. The trial court’s use of the term “sufficient” did not meet the constitutional standard. Cancelling their previously approved bonds was unjustified.
The order of the trial court dated September 11, 1948, was set aside. Marcos Enage was allowed to post a P40,000 bail bond, and the release of the six other accused on their existing bonds was reinstated.
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