People v Judge Donato; G.R. No. 79269; 05 Jun 1991; 198 SCRA 130

in Legal Chyme by

Private respondent and his co-accused were in military custody following their arrest. An information was then filed charging them for the crime of rebellion. A petition for habeas corpus for private respondent and his co-accused was filed but was dismissed on the basis of the agreement of the parties under which herein private respondent “will remain in legal custody and will face trial before the court having custody over his person” and the warrants for the arrest of his co-accused are deemed recalled and they shall be immediately released but shall submit themselves to the court having jurisdiction over their person. Private respondent then filed a petition for bail which respondent judge granted.

Whether or not the right to bail may be waived.

YES. The right to bail is another of the constitutional rights which can be waived. It is a right which is personal to the accused and whose waiver would not be contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.

Orders of respondent judge are NULLIFIED and SET ASIDE.

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