This case has been cited 3 times or more.
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2003-03-28 |
YNARES-SANTIAGO, J. |
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| (4) If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. Otherwise, petition should be denied. Based on the above-cited procedure and requirements, after the hearing, the court's order granting or refusing bail must contain a summary of the evidence for the prosecution.[17] A summary is defined as a comprehensive and usually brief abstract or digest of a text or statement. Based on the summary of evidence, the judge formulates his own conclusion on whether such evidence is strong enough to indicate the guilt of the accused.[18] | |||||
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2001-10-17 |
PER CURIAM |
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| This time, respondent judge committed serious lapses in issuing the orders dated May 15, 2000 and June 5, 2000. In granting Yu Yuk Lai's motions without conducting a hearing to determine the veracity of the allegations contained therein and of the attached documents, he opened the administration of justice vulnerable to false claims and, ultimately, to the improper release from jail of an accused charged with a heinous crime. The strong Opposition filed by Prosecutor Formaran had already provided, the caveat. It is odd that respondent judge did not bother to conduct, further inquiry and require Yu Yuk Lai's counsel to present evidence showing that her continuous imprisonment would pose danger to her health. In People v. Honorable Ireneo Gako, Jr.[23] the prosecution vigorously objected to the confinement of the accused in the hospital, questioning the ill health of the latter. Judge Gako, Jr., instead of ascertaining the true state of health of the accused, inexplicably relied on a court order, issued six years ago, authorizing the confinement of the accused in the hospital. In setting the proper course of conduct, this Court ruled that Judge Gako, Jr. should have recalled the order of confinement and ordered the detention of the accused "until the defense could prove through competent evidence that the imprisonment of said accused would imperil his health." | |||||