People v Lagao; G.R. No. 118457; 08 Apr 1997; 271 SCRA 51

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Appellant was charged with the crime of parricide for the death of his wife. The accused entered a plea of not guilty upon his arraignment and trial on the merits ensued.

Whether or not the RTC erred in issuing the warrant of arrest without fixing the bail and without stating that evidence of guilt was strong.

NO. The issuance of a warrant of arrest was authorized under paragraph (b), Section 6 of Rule 112. It was not required that since no bail was fixed in the warrant of arrest the court should state that the evidence of guilt was strong. There was no need to stress the obvious, and if accused honestly believed that the evidence of guilt was not strong he should have filed a petition for admission to bail.

Appeal is DISMISSED and the challenged November 04, 1994 decision of the Regional Trial Court of Pampanga, Branch 49 is AFFIRMED in toto.

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