Batasan bombing, the criminal proceeding

  Photo credit: Pecto Camero, PRID / 14 November 2007 01:36:39 PM, House of Representatives, downloaded from www.congress.gov.ph

 Batasan bombing  

      On the initial criminal proceeding of the cases arising from the Batasan bomb blast, following are some rules on bail:

       Quote “Rules of Court, Rule 114, Section 4. Bail, a matter of right; exception.  (Where the offense is not punishable by death, reclusion  admitted to bail as a matter of right XXXX” closed-quote.

        Under the new rules of criminal procedure, the posting of bail does not bar any accused from questioning the legality of the arrest, the sufficiency of probable cause, or the regularity of the preliminary investigation, as follows:

          Quote “Rule 114, Section 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation.  An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case. (n)

         For capital offenses, such as the charge of multiple murder arising from the Batasan bomb blast, bail hearings can be held to determine if the evidence of guilt is strong as to warrant the denial of the application for bail. But the accused would have to show up when posting bail and would have to be held (detained)  pending bail hearings. Here are the rules:

            Quote “Rule 114, Section 8. Burden of proof in bail application.  At the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearing shall be considered automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to testify. (8a)” closed-quote.

         Quote “ Rule 114, Section 7. Capital offense of an offense punishable by reclusion perpetua or life imprisonment, not bailable. No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution. (7a)” closed-quote.

        Quote “Rule 114, Section 6. Capital offense defined.  A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death. (6a)” closed-quote.