G.R. No. L-1571. September 17, 1947
PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. ERNEST BERG, ACCUSED AND APPELLANT.
Decisions / Signed Resolutions September 17, 1947
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CRIMINAL PROCEDURE; BAIL IN CAPITAL OFFENSES; DISCRETION OF COURT.—Nothing in
the Constitution or in the Rules of Court prohibits the grant of bail to persons
(like the appellant) convicted of a capital offense and sentenced to
reclusion perpetua in the courts of first instance or in the People’s
Court; as a matter of fact, in the exercise of its discretion it has, in several
instances, granted bail to accused persons so sentenced. (People vs.
Hontañosas, L-858; People vs. Geneceran, L-1304; People vs. Labra,
L-87; People vs. Bañez, L-25.) Considering, however, that appellant is
very wealthy, and is a German by birth although a naturalized Filipino citizen,
and that his family is actually abroad, the possibility or probability of his
jumping the bond as indicated by the Solicitor General, is not far fetched.
Consequently, in the absence of special circumstances, the Court sees no valid
reason to differ with the People’s Court in the denial of bail.
the Constitution or in the Rules of Court prohibits the grant of bail to persons
(like the appellant) convicted of a capital offense and sentenced to
reclusion perpetua in the courts of first instance or in the People’s
Court; as a matter of fact, in the exercise of its discretion it has, in several
instances, granted bail to accused persons so sentenced. (People vs.
Hontañosas, L-858; People vs. Geneceran, L-1304; People vs. Labra,
L-87; People vs. Bañez, L-25.) Considering, however, that appellant is
very wealthy, and is a German by birth although a naturalized Filipino citizen,
and that his family is actually abroad, the possibility or probability of his
jumping the bond as indicated by the Solicitor General, is not far fetched.
Consequently, in the absence of special circumstances, the Court sees no valid
reason to differ with the People’s Court in the denial of bail.
[G.R. No. L-1571, res. of September 17, 1947]