ANDRES v.
BELTRAN
A.M. No. RTJ-00-1597 | August 20, 2001 | Gonzaga-Reyes, J.
Petitioners: Wilson Andres
Respondents: Judge Orlando D. Beltran, RTC, Tuguegarao City, Branch 2
Revised Rules on Criminal Procedure, Rule 114, Sec. 20 & 21
DOCTRINE
Absence of Counsel of the Defense and Delay in the presentation of the
defense’ evidence = May still be granted bail
Relevant Provision
SEC. 20. Increase or reduction of bail. — After the accused shall have been admitted
to bail, the court may, upon good cause, either increase or reduce its amount. When
increased, the accused may be committed to custody if he does not give bail in the
increased amount within a reasonable period. xxx
SEC. 21. Forfeiture of bail. — When the presence of the accused is required by the
court or these Rules, his bondsmen shall be notified to produce him before the court
on a given date and time. If the accused fails to appear in person as required, his bail
shall be declared forfeited and the bondsmen given thirty (30) days within which to
produce their principal and to show cause why no judgment should be rendered
against them for the amount of their bail. Within the said period, the bondsmen must:
(a) produce the body of their principal or give the reason for his nonproduction;
and
(b) explain why the accused did not appear before the court when first required
to do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen,
jointly and severally, for the amount of the bail. The court shall not reduce or
otherwise mitigate the liability of the bondsmen, unless the accused has been
surrendered or is acquitted.
FACTS
- Wilson Andres was charged with Murder with RTC Tuguegarao.
o Judge Abraham Principe, then presider, granted the Bail and
ordered the Release upon Andres’ Motion.
- Andres filed a Motion to Dismiss by Demurrer To Evidence after
presentation of evidences for the prosecution on Sep 28 1999
- Judge Orlando Beltran (present presider) denied the Motion on Nov
25 1999.
- RTC then issued a Subpoena informing Andres that the Criminal
Case is set for Initial Hearing for Evidence Reception.
o Andres appeared at the scheduled Hearing but his counsel
was not present.
- Judge Beltran issued an Order cancelling the Bail Bond of Andres
and Ordered his Detention on Jan 31 2000.
o This is due to the Absence of Atty Joseph Acid and
considering the fact that Presentation of Defense Evidence
had been Delayed for almost 1 Year from the time the
prosecution rested its case.
- Also the Bail Bond posted for provisional liberty of accused Andres is
Not Matter of Right since the Offense charged is Murder.
- Andres was detained from Jan 31 2000 to Feb 9 2000.
- On Feb 9, 2000, an Order for his Release was issued after TC found
that No Subpoena or Notice of Hearing was sent to Andres’ Counsel.
- Andres filed an Administrative Case against Judge Beltran for
Conduct Unbecoming of a Judge, Serious Misconduct, Inefficiency
and Gross Ignorance of the Law.
- Due to the Cancelled Bail Bond for grounds that are not under Rules
of Criminal Procedure.
- Court Administrator recommended the Judge Beltran be Fined P2k
for Grave Abuse of Authority + Stern Warning.
ISSUES
• Judge Beltran guilty of Gross Ignorance of Law? - YES
RULING & RATIO
• Counsel Failure To Appear
- Failure of the Accused Counsel to Appear at the Scheduled Hearing
is not a valid ground for Bail Cancellation.
- Nowhere in the RCP Rule 114 does such ground exist.
o RCP Rule 114 Section 2 (Conditions of the Bail) – states that
Counsel Presence is Not Condition of Bail
o RCP Rule 114 Section 20 & 21 - Neither is it a Reason for
an Increase or Forfeiture of Bail
Delay In Defense Evidence Presentation
- As pointed out by herein complainant, while there were
postponements, the Supreme Court ordered a change of venue
allegedly upon request of the RTC-Judge of Roxas, Isabela and the
criminal case went from one judge to another and finally it was
transferred to RTC-Tuguegarao, Branch 2.10
- Andres was Ordered Arrested on Jul 12 1996;
- Andres was Arraigned where Bail Granted Sep 17 1996
- The Case was Set for Several Hearings on Nov. 18, 1997, Apr. 25,
1998, May 25 ,1998
- However, Judge Beltran allowed Postponements due to Counsel
Absence of Andres
- Motion to Dismiss by Demurrer to Evidence by Andres was filed after
Prosecution Rested its Case on Sep 28 1999
- Andres Motion was Denied on Nov 25 1999
- The was No "Delay" in the Defense Evidence presentation because
Judge Beltran scheduled Hearing for Reception of Evidence only on
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 Jan 31 2000 which is from the time the Motion to Dismiss by
Demurrer to Evidence was Denied .
- Delay should not be Reckoned from the Time that the Prosecution
Rested Case because Motion to Dismiss by Demurrer to Evidence
had be Resolved Prior to Evidence Presentation

Evidence Of Guilt
- Rule – Bail Grant to an Accused charged with Offense with penalty
of Reclusion Perpetua, is Discretionary
- Rationale – This Calls for Judicial Determination that Evidence of
Guilt is Not Strong to Grant Bail
- Effects - Accused is Still Entitled to Bail but no longer "As a Matter of
Right".
- Prosecution accorded Ample Opportunity to Present Evidence
- Beltran was granted Bail by Judge Principe and with such grant we
Assume that Trial Judge made a Judicial Determination that
Evidence of Guilt is Not Strong

DISPOSITION
WHEREFORE, finding the recommendation of the Court Administrator to be
welltaken, respondent Judge Orlando D. Beltran of RTC Tuguegarao City,
Cagayan, Branch 2 is hereby FINED in the amount of P2,000.00 for grave
abuse of authority, with a stern WARNING that a repetition of the same or
similar act shall be dealt with more severely by this Court

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