Parada v. Veneracion (A.E.Nuyda)

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316. Parada v.

Veneracion
AM No. RTJ-96-1353 March 11, 1997 Relevant Issue:
TOPIC: Aspects of the Right to Bail Whether or not respondent judge was correct in not
recommending bail for Parada?
Summary:
Ruling: No, the judge was not correct in not recommending
This case is case asking the Court to decide on whether bail
or not the respondent judge was correct in not recommending
bail for Parada. The Court in this case says that the respondent Ratio:
judge erred and violated Parada’s right to bail. Because the
crime he commited was not so gross that it merited the The warrant of arrest with no recommendation for bail
punishment of reclusion perpetua. that was issued by respondent Judge is a downright violation of
Parada’s constitutional right to bail. The rule is clear that
Doctrine: unless charged with offenses punishable by reclusion perpetua
and the evidence of guilt is strong, all persons detained,
Unless charged with offenses punishable by reclusion arrested or otherwise under the custody of the law are entitled
perpetua and the evidence of guilt is strong, all persons to bail as a matter of right. It should be noted that the crime
detained, arrested or otherwise under the custody of the law are with which Parada was charged is estafa which is undoubtedly
entitled to bail as a matter of right. a bailable offense. This circumstance could not have escaped
Facts: the attention of the respondent judge when he issued on June 3,
1994 the order of arrest of Parada with no recommendation for
Danilo Parada was charged with 4 counts of Estafa. He his bail. In so doing, respondent judge exhibited that degree of
was duly bonded with an accredited bonding company. In ignorance so gross which the Court can not countenance.
October of 1993, Parada’s counsel formally notified the court
and the manager of the bonding company of change of address.
Apparently, the notice of hearing was sent to complainant’s
former address. For failure to appear on the date of hearing,
respondent judge ordered the arrest of the accused, confiscation
of the bond and a trial in absentia was conducted. No bail was
recommended for Parada’s arrest.

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