Heinous crimes cases:SC reminds judges to be careful in granting bail

The Supreme Court has reminded judges to be careful in granting temporary liberty to suspects of capital offenses, and that they should also fix the amount of bail bond to assure that the accused would not jump bail after his release from jail.

Bail is the security given for the release of a person in custody of the law to guarantee his appearance before any court.

The law provides that the bail may be given in the form of corporate surety, property bond, cash deposit or by recognizance.

Justice Antonio Eduardo Nachura of the Supreme Court’s third division recognized the court’s authority to grant bail in cases involving capital offenses after a determination that evidence of guilt against the accused is not strong.

“But we urged them to be circumspect in exercising such discretion,” Nachura said because he learned that there are some judges who fixed low amount of bail to accused of capital offenses.

Chinese national Juanito L. Chan, alias Zhang Zhenting, has been granted bail by then Regional Trial Court Judge Emilio Leachon Jr. for only P100,000 despite facing a case for violation the dangerous drugs law for selling of one kilo of shabu.

Nachura said: “It is glaring that the bail bond fixed by the RTC was exceedingly low considering that the crime charged is illegal sale of prohibited drug punishable by reclusion perpetua (20 years) to death and a fine of P500,000 to P10 million, with the risk of flight extremely high, being a Chinese citizen.”

But since Leachon has retired already, he could no longer be called to account disciplinary for his apparent transgression.

In Cebu City, cult leader and parricide suspect Ruben Ecleo Jr. was granted bail by RTC Branch 23 Judge Generosa Labra, but it was fixed at P1 million. — Rene U. Borromeo/LPM