People v.
Fitzgerald - Fitzgerald appealed to the CA which affirmed the RTC Decision on
G.R. No. 149723 | October 27, 2006 | Austria-Martinez, J.
Petition: Petition for Review on Certiorari under Rule 45 of the Rules of
Court assailing the CA Resolution granting Motion for Bail of Fitzgerald
Petitioners: People of the Philippines
Respondents: Victor Keith Fitzgerald
Revised Rules on Criminal Procedure, Rule 114, Section 5, 7
DOCTRINE
• CA Erred in granting bail on the basis of old age because Bail is not a
sick pass and there was undue risk of a repeat offense.
Relevant Provision
Sec. 5. - Bail, when discretionary –
Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary. The application for bail may be filed and acted upon by the trial
court despite the filing of a notice of appeal, provided it has not transmitted
the original record to the appellate court. However, if the decision of the trial
court convicting the accused changed the nature of the offense from
nonbailable to bailable, the application for bail can only be filed with and
resolved by the appellate court.
xxx
If the penalty imposed by the trial court is imprisonment exceeding six (6)
years, the accused shall be denied bail, or his bail shall be cancelled upon a
showing by the prosecution, with notice to the accused, of the following or
other similar circumstances: xxx
Sec. 7. – Capital Offense or an offense punishable by reclusion perpetua or
life imprisonment, not bailable. –
No person charged with a capital offense, or an offense punishable by
reclusion perpetua or life imprisonment when evidence of guilt is strong shall
be admitted to bail regardless of the stage of the criminal procecution.
FACTS
- AAA is the daughter of Dominador Soriano Sr.
- Victor Keith Fitzgerald (Australian) was charged with violation of RA
7610 Sec 5(a)(5) with RTC Olongapo.
o Max Penalty is Reclusion Perpetua
- RTC Olongapo found Fitzgerald Guilty on May 7 1996
o Fitzgerald was sentenced to suffer 8 Years 1 Day Prision
Mayor to 17 Years 4 Months 1 Day Reclusion Temporal
- Fitzgerald applied for Bail but he was Denied on Aug 1 1996 since
Fitzgerald indicate Probability of Flight and there is undue Risk that
Fitzgerald may Commit Similar Offense pending appeal.
Sep 27 1999.
- CA modified Penalty to 14 Yrs 8 Mnths 1 Day Reclusion Temporal to
20 Yrs 1 Day Reclusion Perpetua.
- Fitzgerald filed Motion for New Trial because New Evidence were not
previously available had surfaced.
- CA granted Motion for New Trial on Aug 25 2000 and Remanded
Case to RTC Olongapo
- People filed a MR of CA Decision with CA but the CA Denied on Nov
13 2000
- Fitzgerald filed a Motion to Fix Bail with CA but the CA Denied on
Nov 13 2000nbecause Evidence of Guilt is Strong in Offense
Punishable by Reclusion Perpetua.
- However, Fitzgerald was not prevented from seeking Medical
Attention while confined in Prison.
- Fitzgerald filed Motion for Bail with CA and Re-Examination of
Penalty Imposed
- CA maintained that Evidence of Guilt of Strong but Fitzgerald already
of Old Age and Not in Best Health
- Hence, granted Bail on grounds of Higher Interest of Substantial
Justice considering New Trial of Case
- Fitzgerald refrained from Leaving Country Now or Future thus placed
in BOI Hold Departure List
- RTC Olongapo ordered Fitzgerald Temporary Release upon P100k
Cash Bond on Sep 4 2001
- People filed present Petition of CA Order granting Bail and Case
Remand to RTC for New Trial
- despite charged with Reclusion Perpetua and Strong Evidence of
Guilt
ISSUES
- CA erred in Granting Bail? - YES
RULING & RATIO
• RTC Decision (Exceeding 6 Years) Remained Operative
- Bail is a matter of right to the accused for an offense not punishable
by Death, RP, LI. Bail is a matter of discretion for an offense
punishable by Death, RP, LI (must determine if evidence of guilt is
strong.
- Bail be must be denied or revoked if the conviction by the RTC
exceeds 6 years in accordance with the circumstances on Section 5,
- Fitzgerald was charged with RA 7610 Art 3 Sec 5(a)(5) with a
maximum penalty of Reclusion Perpetua. However, Fitzgerald was
later on convicted with a lesser crime of 8 years 1 day to 17 years 4
months 1 Day.
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 - such Circumstances are not altered when the CA granted a New
Trialbecause CA retained appellate over the case even if it
remanded the records of the RTC for reception of evidence
- Hence, the RTC Decision remained operative where Fitzgerald’s
imprisonment terms is exceeding 6 Years, unless the prosecution
fails to prove that the evidence of guilt remained strong.
- Hence, Bail is matter of Privilege subject to the discretion of the CA
in accord with RCP Rule 114 Sec 5
- However, CA granted Bail due to mere Claim of Illness

• Bail Is Not Sick Pass

- Rule - Bail is not a Sick Pass for Ailing or Aged Detainees or
Prisoners needing Medical Care outside of Prison.
- Effect – However, it has been a Trend for Courts to Permit Bail for
Prisoners who are Seriously Sick.
- CA made no Specific Finding that Fitzgerald suffers from any Ailment
of such Gravity that his Continued Confinement during Trial will
Permanently impair his Health or put his Life in Danger.
- CA merely declared that Fitzgerald was not in the Best of Health
Despite the only Evidence presented was the Unverified Medical
Certificate that as of Aug 30 2000 Fitzgerald’s condition required him
to be Confined in a more Sterile Area.
- Such Medical Recommendation was even Rebuffed by the CA on its
Nov 13 2000 Resolution.
o Fitzgerald is not prevented from seeking Medical Attention
while confined in Prison.

• Risk Of Repeat Offense

- RTC Aug 1 1996 Order also stated that there is Undue Risk that
Fitzgerald will Commit Similar Offense if Released
- Because Dr. Aida Muncada (Psychiatrist) testified that Phedophilia is
Intense State of Sexual Order
- Phedophilia is Intense and Recurrent
- Hence, Possibility of Similar Offense Commission is Great if
Exposed to Opportunity to Commit it

DISPOSITION
WHEREFORE, the petition is GRANTED and the August 31, 2001 CA
Resolution ANNULLED and SET ASIDE.
The bail bond posted by respondent is CANCELLED. Let an ORDER OF
ARREST ISSUE against the person of the accused, Victor Keith Fitzgerald.

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