Leviste v CA [G.R. 189122 March 17, 2010]

Constitutional Law II - Rights of the Accused

Facts:

Herein petitioner, Jose Antonio Leviste, was convicted by the RTC for the crime of homicide and to suffer an indeterminate penalty of prision mayor as minimum to reclusion temporal as maximum. He then appealed his conviction and filed an urgent application for admission to bail citing his advanced age and health condition. However, the Court of Appeals denied his bail application.

Contention arose here where Leviste claims that his right to bail was violated and that the CA committed grave abuse of discretion in denying his application for bail

 

Issue:

Whether or not Leviste’s application for bail should be automatically granted

 

Ruling:

No. The Court cited:

Sec.5, Rule 114 of the Rules of Court provides: Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary.

&

Sec. 13. Art. II of the Constitution: All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guild is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.

 

The Court stated that the denial of Leviste’s bail application should not be automatically granted as it relies on judicial discretion. Also, the fact that Leviste was already convicted in the RTC, his constitutional right to bail has already ended and he can no longer invoke such right to bail as his presumption of innocence already terminated upon conviction by the trial court. Leviste failed to show strong reasons as to why his bail should be accepted. As such, it was only right that the CA denied his bail application because to permit bail too freely in spite of conviction invites frivolous and time-wasting appeals which will make a mockery of our criminal justice system and court processes


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