Professional Documents
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Chu v. Dolalas (A.E.Nuyda)
Chu v. Dolalas (A.E.Nuyda)
for Robbery
with Violence Against or Intimidation of Persons?
A.M. No. MTJ-93-796. August 2, 1996
Ruling: YES
TOPIC: Excessive Bail
Ratio:
Summary:
The Judge erred in requiring the Php 50,000.00 as bail
This case is complaint against the respondent Judge because jurisprudence and public policy dictates that the rate
alleging that she committed a grave abuse of discretion in for bail as per the DOJ Circular No. 10 must be Php 1,000.00
asking for Php 50,000.00 as bail. The Court held that the Judge per year of imprisonment based on the maximum penalty
did commit an error by asking an excessive bail because she imposable for the offense. It must also be noted that the Court
failed to completely consider the guidelines provided by law has already provided the guidelines for the fixing of the bail.
and she also failed to apply DOJ Circular No. 10. The Court through the rules of court provides that the
Doctrine: following are to be considered in fixing a reasonable amount of
bail: (1) ability of the accused to give bail; (2) nature of the
"Where an accused has no means of his own, no one to offense; (3) penalty for the offense charged; (4) character and
bail him out, or none to turn to for premium payments, any reputation of the accused; (5) health of the accused; (6)
amount fixed no matter how small would fall into the category character and strength of the evidence; (7) probability of the
of excessive bail” accused appearing in trial; (8) forfeiture of other bonds; (9)
Facts: whether the accused was a fugitive from justice when arrested;
and (10) if the accused is under bond for appearance at trial in
The Mayor of Kabasalan, Zamboanga del Sur (Chu) other cases. Had the Judge applied these guidelines she would
filed a complaint against Judge Dolalas for requiring a Php have found that she should not have required the same amount
50,000.00 bail from the accused in Criminal Case No. 6255. of bail and that the Php 50,000.00 which she required was
However prior to the said filing the Mayor already confronted excessive. For the general principles that govern the fixing of
her about the said amount to which she advised them to file a bail provides that that the amount should be high enough to
motion for reduction of bail. The said confrontation resulted to assure the presence of defendant when required but no higher
a quarrel between the two which lead to the filing of this case. than is reasonably calculated to fulfil this purpose and it must
also be that the good of the public as well as the rights of the
Relevant Issue:
accused, and the need for a tie to the jurisdiction and the right
Did the respondent judge committed a grave abuse of to freedom from unnecessary restraint before conviction under
discretion in requiring bail of fifty thousand pesos (P50,000.00) the circumstances surrounding each particular accused, should
each for all accused in Criminal Case No. 6255 entitled People all be balanced in one equation. Because a bail is excessive no
matter how small when an accused has no means of his own,
no one to bail him out, or none to turn to for premium
payments.