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  • Leg Wri

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    Sheina Gee
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    Mr. Carlwyn Baldo was accused and charged for the murder of AKO BICOL Representative Rodel Batocabe. However, he was released from detention on bail amounting to Php 8.7 M. The court ruling on bail must be upheld for several reasons: 1) Baldo was not physically present at the crime scene and the shell casings did not match his registered firearms; 2) Prosecution failed to present sufficient evidence to warrant denying his bail motion; 3) Evidence of guilt against the accused is not strong based on evidence presented so far; 4) No probable cause was found for the murder charge.

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    Mr. Carlwyn Baldo was accused and charged for the murder of AKO BICOL Representative Rodel Batocabe. However, he was released from detention on bail amounting to Php 8.7 M. The court ruling on bail must be upheld for several reasons: 1) Baldo was not physically present at the crime scene and the shell casings did not match his registered firearms; 2) Prosecution failed to present sufficient evidence to warrant denying his bail motion; 3) Evidence of guilt against the accused is not strong based on evidence presented so far; 4) No probable cause was found for the murder charge.

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    27 views2 pages

    Leg Wri

    Uploaded by

    Sheina Gee
    Mr. Carlwyn Baldo was accused and charged for the murder of AKO BICOL Representative Rodel Batocabe. However, he was released from detention on bail amounting to Php 8.7 M. The court ruling on bail must be upheld for several reasons: 1) Baldo was not physically present at the crime scene and the shell casings did not match his registered firearms; 2) Prosecution failed to present sufficient evidence to warrant denying his bail motion; 3) Evidence of guilt against the accused is not strong based on evidence presented so far; 4) No probable cause was found for the murder charge.

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    of 2

    Sheraina Gonzales

    LEGAL RESEARCH

    Mr. Carlwyn Baldo was accused and charged for the murder of AKO BICOL Representative Rodel
    Batocabe. However, he was released from detention on bail on bail amounting to Php 8.7 M

    Facts in which Former Mayor Carlyn Baldo of Daraga is not eligible for bail.

    1. Administrative Circular No. 12-94 Sec. 4


    • Bail, a Matter of Right. – All persons in custody shall: (a) before or after conviction by the
    Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities
    and Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense
    not punishable by death, reclusion perpetua or life imprisonment, be admitted to bail as
    a matter of right, with sufficient sureties or be released on recognizance as prescribed by law or this
    Rule.

    • Sec 5.- Bail, When Discretionary. – Upon conviction by the Regional Trial Court of an offense not
    punishable by death, reclusion perpetua or life imprisonment, the court, on application, may admit
    the accused to bail.

    2. Act No. 3815-Article 248 -Murder. — Any person who, not falling within the provisions of Article
    246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its
    maximum period to death, if committed with any of the following attendant circumstances:

    • With treachery, taking advantage of superior strength, with the aid of armed men or employing
    means to weaken the defense or of means or persons to insure or afford
    impunity. In consideration of a price, reward, or promise.

    3. Art 14 RPC Aggravating Circusmtace:Paragraph 6.


    That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever
    such circumstances may facilitate the commission of the offense.chanrobles virtual law library
    -Daraga Mayor Carlwyn Baldo allegedly hired a private armed group to
    assassinate AKO Bicol Representative Rodel Batocabe
    Mr. Carlwyn Baldo was accused and charged for the murder of AKO BICOL Representative Rodel
    Batocabe. He was released from detention on bail amounting to Php 8.7 Million.

    The following are the reasons why the court ruling on the bail must be upheld

    1. The court reportedly noted that Baldo was not physically present at
    the scene when Batocabe and his security escort were shot dead in December
    2018. It also said the empty shells found at the crime scene did not match Baldo's
    registered firearms.

    2. Prosecution's failure to present enough evidence that could warrant the junking of
    his motion for bail.

    3. After an examination of the prosecution evidence so far presented, the Court is of the view
    that the evidence of guilt against the accused is not strong.

    4. No probable cause for the murder.

    5. Before conviction, bail would have been a matter of right for the accused.

    6. Every person has the right to the presumption of innocence – or is “innocent until proven
    guilty” – as stated in The Universal Declaration of Human Rights. It’s about freedom and
    justice. The entitlement to a fair trial

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