Comendador v de Villa; G.R. No. 93177; 02 Aug 1991; 200 SCRA 80

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Respondent Ltc. Jacinto Ligot is among the officers of the Armed Forces of the Philippines facing prosecution for their alleged participation in a failed coup d’état. He applied for bail which was denied by GCM No.14 but was later granted by the respondent judge.

Whether or not petitioner Ligot is entitled to bail.

NO. Traditionally, the right to bail has not been recognized and is not available in the military. The unique structure of the military should be enough reason to exempt military men from the constitutional coverage on the right to bail. Aside from structural peculiarity, it is vital to note that mutinous soldiers operate within the framework of democratic system, are allowed the fiduciary use of firearms by the government for the discharge of their duties and responsibilities and are paid out of revenues collected from the people. All other insurgent elements carry out their activities outside of and against the existing political system.

Petition is GRANTED. The orders of the respondent courts for the release of the private respondents are REVERSED and SET ASIDE.

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