Rights of Bail and Accused

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Agnar v Hi-Tech Manufacturing

G.R. No. 213847, April 1, 2020


Pablo, B.:

Facts :
The Office of Hi-Tech Manufacturing charged Agnar, 62 years of age with plunder in
the projects on the basis of their involvement in the misuse of appropriations under the
funds given by the company. Upon voluntary surrender, Agnar filed his Motion for
Detention and his Motion to Fix Bail Agnar claims that before a judgment of conviction,
an accused is entitled to bail as a matter of right; that it is the duty and burden of the
Prosecution to show clearly and conclusively that Agnar comes under the exception
and cannot be excluded from enjoying the right to bail; that the Prosecution has failed
to establish that Agnar, if convicted of plunder, is punishable by reclusion perpetua
considering the presence of two mitigating circumstances – his age and his voluntary
surrender.

Issue :
Whether or not Agnar is entitled to Bail.

Ruling / Held :
Yes, Agnar is entitled to bail as a matter of right based on humanitarian grounds. And
his having immediately surrendered to the authorities upon his charge in court indicate
that the risk of his flight or escape from this jurisdiction is highly unlikely. With his long
years of service and judgment of him being at stake, he should be granted bail.

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