In this case, Tanes was charged with violation of Section 5, Article II of R.A. 9165 which carries the penalty of life imprisonment. Hence, Tanes' bail becomes a matter of judicial discretion if the evidence of his guilt is not strong.
To determine whether evidence of guilt of the accused is strong, the conduct of bail hearings is required where the prosecution has the burden of proof, subject to the right of the defense to cross-examine witnesses and introduce evidence in rebuttal. The court is to conduct only a summary hearing, consistent with the purpose of merely determining the weight of evidence for purposes of bail.[24]
The court's grant or denial of the bail application must contain a summary of the prosecution's evidence. On this basis, the judge formulates his or her own conclusion on whether such evidence is strong enough to indicate the guilt of the accused.[25]
To determine whether evidence of guilt of the accused is strong, the conduct of bail hearings is required where the prosecution has the burden of proof, subject to the right of the defense to cross-examine witnesses and introduce evidence in rebuttal. The court is to conduct only a summary hearing, consistent with the purpose of merely determining the weight of evidence for purposes of bail.[24]
The court's grant or denial of the bail application must contain a summary of the prosecution's evidence. On this basis, the judge formulates his or her own conclusion on whether such evidence is strong enough to indicate the guilt of the accused.[25]
No comments:
Post a Comment