This case has been cited 2 times or more.
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2010-11-22 |
BRION, J. |
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| The Court has always stressed the indispensable nature of a bail hearing in petitions for bail. Where bail is a matter of discretion, the grant or the denial of bail hinges on the issue of whether or not the evidence on the guilt of the accused is strong and the determination of whether or not the evidence is strong is a matter of judicial discretion which remains with the judge. In order for the judge to properly exercise this discretion, he must first conduct a hearing to determine whether the evidence of guilt is strong.[30] This discretion lies not in the determination of whether or not a hearing should be held, but in the appreciation and evaluation of the weight of the prosecution's evidence of guilt against the accused. | |||||
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2003-03-28 |
YNARES-SANTIAGO, J. |
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| Jurisprudence is replete with decisions on the procedural necessity of a hearing, whether summary or otherwise, relative to the grant of bail especially in cases involving offenses punishable by death, reclusion perpetua, or life imprisonment, where bail is a matter of discretion.[10] Under the present rules, a hearing is required in granting bail whether it is a matter of right or discretion.[11] It must be stressed that the grant or the denial of bail in cases where bail is a matter of discretion hinges on the issue of whether or not the evidence on the guilt of the accused is strong, and the determination of whether or not the evidence is strong is a matter of judicial discretion which remains with the judge. In order for the latter to properly exercise his discretion, he must first conduct a hearing to determine whether the evidence of guilt is strong.[12] | |||||