Showing posts with label Baylon v Judge Sison 243 SCRA 284 (1995). Show all posts
Showing posts with label Baylon v Judge Sison 243 SCRA 284 (1995). Show all posts

People v Alicando GR No. 117487 (December 2, 1995)

Facts: Accused was convicted with a crime of rape with homicide of a 4 year old girl. He was arrested and during the interrogation he made a confession of the crime without the assistance of a counsel. By virtue of his uncounseled confession the police came to know where to find the evidences consisting of the victim’s personal things like clothes stained with blood which was admitted to court as evidences. The victim pleaded guilty during the arraignment and was convicted with the death penalty. The case was forwarded to the SC for automatic review.

Baylon v Judge Sison 243 SCRA 284 (1995)

application for bail on offenses punishable by reclusion perpetua/life imprisonment requires a hearing to give prosecution the chance to present evidence on the guilt of the accused”

Facts: Respondent judge is accused for malfeasance in granting bail to the accused charged with double murder. Prosecution was not given notice of at least 3 days before the scheduled hearing for bail in violation of Rule 15, section 4 of the Rules of Court and the filing of petition for bail has only 2 non-working day interval from the schedule of the hearing. Moreover the prosecution also assails that they were not given the chance to present evidence that strongly prove the guilt of the accused. Respondent judge justifies not having committed grave abuse of discretion since the prosecution did not interpose objection with his orders and the lack of previous notice was cured with the filing of motion for reconsideration.

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