Buzon v Judge Velasco; A.M. No. RTJ-94-1209; 13 Feb 1996; 253 SCRA 601

in Legal Chyme by

FACTS:
Accused filed a petition for bail in connection with an information for murder against him. Respondent judge granted the same sans a hearing and recalled the warrant of arrest after the accused posted the required bond.

ISSUE(S):
Whether or not a hearing is necessary in applications for bail.

HELD:
YES. In indictments for capital offenses like murder, bail shall not be granted when the evidence of guilt is strong. When admission to bail is a matter of discretion, the judge is required to conduct a hearing and to give notice of such hearing to the fiscal or require him to submit his recommendation.

Respondent judge is found guilty of gross ignorance of the law.

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