Feliciano v. Pasicolan

PABLO FELICIANO v. CFI JUDGE LADISLAO PASICOLAN AND PROVINCIAL FISCAL UNION KAYANAN

1961 / Natividad

Bail > Nature and definition > Definition; persons covered or required to post bail

FACTS

Feliciano, upon learning that an amended information charging him and 17 others of kidnapping with murder had been filed, and that a warrant for his arrest had been issued, went into hiding. Without surrendering himself, he filed a motion through his lawyer in which he asks that the court fix at 10k the amount of the bail bond for his release pending trial.

The Provincial Fiscal opposed this motion, on the ground that the filing was premature as Feliciano had not yet been arrested. CFI Judge Pasicolan dismissed Feliciano’s motion on the ground that "pending his arrest or surrender, Pablo Feliciano has not the right to ask this court to admit him to bail."

Feliciano contends that the Constitution provides that “All persons shall before conviction be bailable by sufficient sureties, except those charged with capital offenses when evidence of guilt is strong.” It is further averred that the phrase "all persons” has been interpreted to mean "all persons, without distinction, whether formally charged or not yet so charged with any criminal offense." Therefore, mandamus lies to compel Judge Pasicolan to do so.

ISSUE & HOLDING

WON Feliciano is entitled to admission to bail. NO. Feliciano is a free man; therefore, he is not entitled to admission to bail.

RATIO

Bail is defined under the Rules of Court as security required and given for the release of a person who is in custody of the law.

There is no question as to the soundness of the rule invoked by Feliciano, but it is subject to the limitation that the person applying for admission to bail should be in the custody of the law, or otherwise deprived of his liberty.

Herras Teehankee v. Rovira

In order that a person can invoke the constitutional precept, it is not necessary that he should wait until a formal complaint or information is filed against him. From the moment he is placed under arrest, detention or restraint by the officers of the law, he can claim this guarantee of the Bill of Rights, and this right he retains unless and until he is charged with a capital offense and evidence of his guilt is strong.

Manigbas v. Luna

The right to bail only accrues when a person is arrested or deprived of his liberty. The purpose of bail is to secure one's release and it would be incongruous to grant bail to one who is free.