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PABLO FELICIANOv.

CFI JUDGE LADISLAO PASICOLAN AND PROVINCIAL FISCAL UNION


KAYANAN
1961 / Natividad

Bail > Nature and definition > Definition; persons covered or required to post bail

FACTS
Feliciano, upon learning that an amended information charging him and 17 others of kidnapping
with murder had been filed, and that a warrant for his arrest had been issued, went into hiding.
Without surrendering himself, he filed a motion through his lawyer in which he asks that the court
fix at 10k the amount of the bail bond for his release pending trial.
The Provincial Fiscal opposed this motion, on the ground that the filing was premature as
Feliciano had not yet been arrested. CFI Judge Pasicolan dismissed Felicianos motion on the ground
that pending his arrest or surrender, Pablo Feliciano has not the right to ask this court to admit
him to bail.
Feliciano contends that the Constitution provides that All persons shall before conviction be
bailable by sufficient sureties, except those charged with capital offenses when evidence of guilt is
strong. It is further averred that the phrase all persons has been interpreted to mean all persons,
without distinction, whether formally charged or not yet so charged with any criminal offense.
Therefore, mandamus lies to compel Judge Pasicolan to do so.
ISSUE & HOLDING
WON Feliciano is entitled to admission to bail. NO. Feliciano is a free man; therefore, he is not
entitled to admission to bail.
RATIO
Bail is defined under the Rules of Court as security required and given for the release of a person
who is in custody of the law.
There is no question as to the soundness of the rule invoked by Feliciano, but it is subject to
the limitation that the person applying for admission to bail should be in the custody of the law, or
otherwise deprived of his liberty.

Herras Teehankee v. Rovira


In order that a person can invoke the constitutional precept, it is not necessary that he should wait
until a formal complaint or information is filed against him. From the moment he is placed under
arrest, detention or restraint by the officers of the law, he can claim this guarantee of the Bill of
Rights, and this right he retains unless and until he is charged with a capital offense and evidence of
his guilt is strong.

Manigbas v. Luna
The right to bail only accrues when a person is arrested or deprived of his liberty. The purpose of bail
is to secure ones release and it would be incongruous to grant bail to one who is free.

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