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  • Sule v. Biteng

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    Alvin Earl Nuyda
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    This case concerns a complaint filed against a judge for granting bail to an accused murderer without first holding a trial, as required by law. The Court ruled that the judge committed an error by granting bail hastily and without allowing the prosecution to argue their case against bail. When bail is a matter of discretion rather than right, the judge must give the prosecution an opportunity to prove that bail should not be granted through a trial, which the judge did not do in this case. This deprived the prosecution of due process.

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    Case Digest

    Original Title

    23. Sule v. Biteng

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    This case concerns a complaint filed against a judge for granting bail to an accused murderer without first holding a trial, as required by law. The Court ruled that the judge committed an error by granting bail hastily and without allowing the prosecution to argue their case against bail. When bail is a matter of discretion rather than right, the judge must give the prosecution an opportunity to prove that bail should not be granted through a trial, which the judge did not do in this case. This deprived the prosecution of due process.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    53 views1 page

    Sule v. Biteng

    Uploaded by

    Alvin Earl Nuyda
    This case concerns a complaint filed against a judge for granting bail to an accused murderer without first holding a trial, as required by law. The Court ruled that the judge committed an error by granting bail hastily and without allowing the prosecution to argue their case against bail. When bail is a matter of discretion rather than right, the judge must give the prosecution an opportunity to prove that bail should not be granted through a trial, which the judge did not do in this case. This deprived the prosecution of due process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    23. Sule v.

    Judge Biteng Ruling: YES


    A.M. No. MTJ-95-1018 April 18, 1995 Ratio:
    TOPIC: Aspects of the Right to Bail The judge did commit an error in hastily granting bail to
    the accused without first allowing the prosecution to prove their
    Summary: case. Bail in this case being a matter of discretion and not a right
    This case is a complaint against the judge questioning his the penalty being Reclusion Perpetua to Death. The prosecution
    decision to grant bail to the accused in a murder case without should have been afforded ample opportunity to first prove that
    first holding a trial for the same as mandated by law. The Court the accused should not have been given bail. In the case at bar
    ruled that he did commit an error amounting to grave ignorance the judge failed to give the prosecution ample opportunity by
    of the law because he freely admitted that he did not set a trial denying them the trial required by law, thus depriving them of
    and he also failed to notify the prosecution about the said due process. It must be remembered that when bail is matter of
    motion. discretion the court is mandated by law to first hold a trial for
    the said bail before the granting of the same.
    Doctrine:
    Bail not covered under the 1st paragraph of Section 13 is
    a matter of discretion and the judge in this case is mandated to
    first hold a trial for the bail before it is granted.
    Facts:
    Judge Biteng was the judge tasked to conduct the
    preliminary investigations in the murder case of the child of
    Sule. He found during the said investigation that there is a strong
    evidence against the accused and recommended that bail should
    not be allowed. A few days after, the accused then asked for bail
    which Judge Biteng then granted without conducting a hearing
    and notifying the prosecution of the same.
    Relevant Issue:
    Did the judge commit a gross ignorance of the law by
    hastily granting bail to the accused in a murder without holding
    a trial where the prosecution could prove the strength of the
    evidence against the accused?

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