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

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.

Whether or not a hearing is necessary in applications for bail.

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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Category: Legal Chyme

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