Guide for covering the bail hearings: No need anymore for any kind of ruling on any motion to transfer any hearing because the accused can waive presence in any hearing after arraignment. Accused does not have to be present in the bail hearing if she is afraid for her life, therefore, as i said ages ago, this has been rendered moot.
Note however that only one day, one hearing date, has been set for the bail hearings. Eight witnesses direct and cross, for the prosecution; 17 witnesses direct and cross for the accused, morning to…
midnight? (see my previous post below for discussion on setting of hearing dates).
Janet Lim-Napoles’s motion, by counsel, filed only this morning, to transfer the physical site of the arraignment from Makati to Fort Sto. Domingo has now been rendered mute and epidemic, este, er, moot and academic — reporters show she is now en route to Makati. Stand by.
Accused Janet Lim-Napoles, for serious illegal detention, has a hearing on the motion to post bail Friday and an arraignment Monday and also asks the Court to defer arraignment.
In a capital offense, if the evidence of guilt is not strong, bail shall be granted.
As a general rule, bail is a constitutional right except for capital offenses where the evidence of guilt is strong.
Therefore, if the evidence of guilt is not strong in a capital offense, bail shall be granted. For this purpose, bail hearings will have to be conducted to determine whether or not the evidence of guilt is strong as basis for ruling whether or not the accused would remain in detention.
In other words, on Friday, tomorrow, the motion for bail cannot be granted outright: the Court would have to determine whether or not the evidence of guilt is strong. A series of hearings would be made for this limited purpose. (the evidence could be reproduced in the main case).
In the bail hearings, the prosecution is expected to present its best evidence. Not all of their evidence, but their best foot forward. If they fail, the accused walks. Bail hearings are not a walk in the park (awat na sa metaphors and clichés pleeease )
In the more immediate period, the bail hearings are going to be the show. Listen boys and girls: In the next few weeks: this is where Benhur Luy will testify, judicially. Get your schedules ready.
But not so fast for the accused. The accused needs to be arraigned first before trying to post bail. The accused cannot ask that the arraignment be deferred and at the same time ask for bail. You cannot have your palitaw/ bibingka/ sapin-sapin/cuchinta without the lingá andlatík, er, esté, and eat it too.
