You are on page 1of 1

DE KNECHT v BAUTISTA DE LA CAMARA v ENAGE

DOCTRINE: The ff. aspect of exercising the power of eminent DOCTRINE: Excessive bail: The cort have factors to consider in
domain is subject to judicial review: (1) just of compensation (2) the determining bail (1) ability to post bail (2) nature of offense (3)
necessity in taking and (3) the “public use” character. The choice of penalty imposed by law (4) character and reputation of the accused
property to be expropriated cannot be without reason. The (5) health of the accuse (6)strength of evidence (7) probability of
condemner may not choose any property it wants. In this case, the appearing for trial (8)forfeiture of bonds (9) whether the accused
court considered the people which might be affected by the 2nd plan was a fugitive from justice when arrested and (10) if under bond in
( Fernando Rein- Del Pan street) proposed by DPWH than the other cases. In this case, the Judge on rely on the nature of offense
motels located from the frst plan (Cuneta Avenue). fixing the amount to 1M+ bail for the petitioner which the court
held as excessive and that the judge erred in ignoring the factors to
considers.

You might also like