MANILA STANDARD: FR RANI AQUINO - THE RIGHT TO BAIL
The right to bail SHALL NOT BE IMPAIRED EVEN when the privilege of the writ of habeas corpus is suspended. Excessive bail SHALL NOT BE REQUIRED. "Shall be bailable - in the law, 'shall' mandates. This has led to the traditional formulation of the rule: In all cases except those punishable by reclusion perpetua (or, under special penal laws, life imprisonment) BAIL IS A MATTER OF RIGHT.When the offense of which a person stands accused is punishable by reclusion perpetua or life imprisonment, and EVIDENCE OF GUILT IS STRONG, it DOES NOT FOLLOW that bail must be denied, because that is NOT what the Constitution provides. IT ONLY SUBJECTS THE GRANT OF BAIL TO JUDICIAL DISCRETION. Bail is available then in all cases, if the judge would exercise discretion in favor of its concession, and discretion precisely means that IT IS THE JUDGE'S CALL. The judge must judge!
The right to bail SHALL NOT BE IMPAIRED EVEN when the privilege of the writ of habeas corpus is suspended. Excessive bail SHALL NOT BE REQUIRED. "Shall be bailable - in the law, 'shall' mandates. This has led to the traditional formulation of the rule: In all cases except those punishable by reclusion perpetua (or, under special penal laws, life imprisonment) BAIL IS A MATTER OF RIGHT.When the offense of which a person stands accused is punishable by reclusion perpetua or life imprisonment, and EVIDENCE OF GUILT IS STRONG, it DOES NOT FOLLOW that bail must be denied, because that is NOT what the Constitution provides. IT ONLY SUBJECTS THE GRANT OF BAIL TO JUDICIAL DISCRETION. Bail is available then in all cases, if the judge would exercise discretion in favor of its concession, and discretion precisely means that IT IS THE JUDGE'S CALL. The judge must judge!
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