People vs Donato

G.R. No 79269. June 05, 1991

FACTS
Private respondent and NPA leader Commander Bilog, together with his co-
accused were arrested and were charged with rebellion for engaging in war for the
purpose of overthrowing the government and its law. In an agreement between the the
two parties, the private respondent agreed that "it will remain in legal custody
and will face trial before the court having custody over his person" and in
exchange, his co-accused will be released but shall submit themselves to the court
having jurisdiction. Salas filed a motion to quash but the respondent judge,
Procoro Donato, denied. Instead of filing a motion for reconsideration, the prvate
respondent filed a petition for bail but the petitioner opposed on the ground that
since rebellion becamea capital offense under three Presidential Decrees, the
respondent is not entitled to bail as the evidence over hs guilt is strong.
However, while waiting for the Court's decision on Salas petition for bail,
the President repealed said PDs through EO 187 and restoring in full force Article
135 of the RPC. Here, the respondent judge granted Salas a bail of P30,000 in a
condition to report once every two months and denying the petitioners to present
evidence why Salas should not be freed.
In an instant petition for certiorari and prohibition, the petitioners asked
the Court to set aside the orders of the respondent judge accusing him of grave
abuse of discretion.

ISSUES
Whether or not the right to bail may be denied to a person charged with an
otherwise bailable offense, and whether such right may be waived.

RULING
The Court ruled that Salas expressedly waived his right to bail when he
agreed to remain in legal custody and face trial before the court in exchange for
the withdrawal by petitioners the petition for habeas corpus and that both his co-
accused, Cuz and Concepcion, be immediately released but shall appear at the trial
of the criminal case for rebellion filed against them.
The Court further stated that despite agreeing to the respondent court that
bail cannot be denied in accordance with the 1987 Constitution and Rules of Court,
the right to bail can be waived as a constitutional right. 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.