Facts:

● Petitioner Regino Sy Catiis filed a complaint against private respondents Reynaldo A. Patacsil, Enrico D.
Lopez, Luzviminda A. Portuguez, Margielyn Tafalla before the office of the Prosecutor of Quezon City for
violation of Art 315 par 2 (a) of The Revised Penal Code in relation to PD No.1689 (The crime of Estafa).
● Private respondents entered pleas of not guilty. Judge Lucas P. Bersamin issued an Order that the offense
charged is bailable.

Provision(s) of the law involved:

● PD No. 1689, Sec 7 Rule 114

Question of the law:

● Whether or not Justice Lucas Bersamin of Branch 96 of the RTC of Quezon City erred in ruling five (5)
persons must be charged under Sec 1 PD 1689.
● Whether or not the questioned decision sanctioning the grant of bail violated Sec 7 Rule 114 of the Revised
Rules of Criminal Procedure
● Whether or not the questioned decision sustaining the order of release by Honorable Executive Judge
Monina A. Zenarosa violated Sec 17 Rule 114 of the Revised Rules of Criminal Procedure.

Answered by Judge(s):
● No. He correctly determined that the info did not charge a syndicated estafa since number of persons who
are actually charged are only four person.

● Yes. Sec 13 Art III of the Constitution provides:

“The right to bail… ” In Sec 7 of Rule 114 it discusses about the unavailability of bail to a capital offense.
However, the crime is not punishable by reclusion perpetua instead it is reclusion temporal.

● No. Section 17, Rule 114 of the Revised Rules on Criminal Procedure provides that “bail in the amount
fixed may be filed…” It’s not specifically stated in the supplemental petition that the exact time Justice
Zenarosa approved the bail, Justice Bersamin was available.

Rule of Construction:
● Verba Legis – It bears stressing that the law must be considered as a whole, just as it is necessary to
consider a sentence in its entirety in order to grasp its true meaning.