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Leg Wri
Leg Wri
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.
• 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.
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.
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