Paderanga v CA

KEY TAKE-AWAY: Right to bail is accorded to persons constructively arrested even though they have not
been physically arrested
DATE/GR NO/SCRA: G.R. No. 115407 August 28, 1995
PONENTE: REGALADO, J.
PETITIONER: MIGUEL P. PADERANGA
RESPONDENT: COURT OF APPEALS and PEOPLE OF THE PHILIPPINES
FACTS:
Petition:
Petition for certiorari on the CAs decision denying the motion for reconsideration on his petition
for bail.
Factual Antecedents:
Miguel P. Paderanga was included in an amended information for the crime of multiple murder as
the mastermind.
Paderanga, through his counsel, filed a Motion for Admission of Bail before a Warrant of Arrest
could be issued by the lower court.
Paderanga was unable to appear for the hearing due to an ailment that needed medical attention.
His counsel manifested that they were submitting custody over the person of their client to the
local chapter president of the Integrated Bar of the Philippines and that, for purposes of said
hearing, he considered being in the custody of the law.
The Court of Appeals denied the petitioners motion for reconsideration on his right to bail
Statute Involved:
Art. 3, Sec. 12
Sec. 1 of Rule 114
o Section 1.
Bail defined. Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his appearance before
any court as required under the conditions hereinafter specified. Bail may be given in the
form of corporate surety, property bond, cash deposit, or recognizance. (1a)
Position of Respondent/s:
The Court of Appeals reasoned that Paderanga was granted bail when was not in the custody of
the law, thus not eligible for the grant of the petition.

ISSUE:
W/N it is proper to admit bail even though petitioner is not yet in custody of law

HELD/RATIO:
NO
Right to bail is only extended only to those persons who have been arrested, detained, or
otherwise deprived of their freedom
A person is considered to be in the custody of the law:
o when he is arrested either by virtue of warrant of arrest or by warrantless arrest
o when he has voluntarily submitted himself to the jurisdiction of the court by surrendering
to the proper authorities
In the foregoing facts, petitioner can be considered as being constructively and legally under
custody
o Through his lawyers, he expressly submitted to physical and legal control over his
person:
firstly, by filing the application for bail with the trial court
secondly, by furnishing true information of his actual whereabouts;
thirdly, by unequivocally recognizing the jurisdiction of the said court.

for purposes of the hearing thereof he should be deemed to have voluntarily submitted
his person to the custody of the law and, necessarily, to the jurisdiction of the trial court
an arrest is made either by:
o actual restraint of the arrestee or
o merely by his submission to the custody of the person making the arrest (house arrest)
Final Ruling
Decision of CA is reversed. Petitioner is granted bail.
o