BAIL

JUDGE NAPOLEON INOTURAN, vs. JUDGE MANUEL Q. LIMSIACO, JR

A.M. No. MTJ-01-1362. May 6, 2005

Facts: Mario Balucero was charged before the RTC of Makati Branch 133, the presiding judge of
which is Napoleon Inoturan, with the violation of BP 22. Balucero, however, failed to appear
during arraignment despite notice. Inoturan then issued a bench warrant against him. Balucero
was subsequently arrested in Bacolod City, but was released upon posting of a property bail
before the MCTC of Pulupundan, Negros Occidental, which order was signed by Judge Manuel
Limsiaco, Jr. The arraignment of Balucero was subsequently set, but he failed to appear
notwithstanding his receipt of notices. Inoturan then ordered that the property bond be
cancelled and forfeited. He then ordered Ignacio Denila, the Clerk of Court of the MCTC to
forward the property bond. Unable to comply with Inoturan’s order, Denila was cited in contempt
and was detained. Denila was ordered released by Limisiaco. Upon investigation, the Office of
Court Administrator found that Judge Limsiaco ordered the release of the some other accused
although they did not post bail. Limsiaco was administratively charged for gross ignorance of the
law and negligence in the performance of his duties.

Issue: What are the requisites before an order for release can be given in cases of bail?

Held: Bail is the security given for the release of a person in custody of the law, furnished by him
or a bondsman, conditioned upon his appearance before any court as required under the
conditions herein after specified. It is thus clear that without bail, an accused under detention
cannot be released. As found by the investigating Judges, accused Balucero did not post bail but
still respondent Judge Limsiaco ordered his release.

A person applying for bail should be in the custody of the law or otherwise deprived of liberty.
Indeed, bail is unavailing with respect to an accused who has not voluntarily surrendered or has
yet to be placed in legal custody. In this case, Limsiaco issued the Order for the release of accused
Balucero on November 21, 1996 or fifteen (15) days before December 6, 1996, the day he was
actually arrested.

Moreover, Limsiaco acted without authority in approving Balucero’s alleged application for bail.
Section 17, Rule 114 of the Revised Rules of Criminal Procedure provides that “if the accused is
arrested in a province, city of municipality, other than where the case is pending, bail may be
filed with any Regional Trial Court of said place, or if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein.” Here,
respondent should not have approved Balucero’s application for bail. It is only one of the 14
Branches of the RTC in Bacolod City which has the authority to act thereon.