Facts: Respondent judge granted bail to the accused who appears to remain at large when the motion to grant the same was filed by the accused’s father.
Complainant avers that respondent committed grave abuse of discretion in granting the motion for bail on recognizance because (1) it was filed not by the accused but by his father, Hadji Yusoph Tabao; (2) the prosecutor was not furnished a copy of the motion and there was no hearing conducted; (3) it lacked the sworn statement of the accused signed in the presence of two witnesses; and (4) the motion and its supporting affidavit were signed by the father of the accused. Complainant also contends that the accused is not poor but is a certified public accountant and operates a transport business in Metro Manila. Thus, it is urged that he should not have been released on recognizance since he could put up a cash bond.
Issue: Whether or not the judge erred in granting bail to the accused.
Held: Yes. In the case at bar, respondent judge was fully cognizant that the court had not yet acquired jurisdiction over the person of the accused who was still at large and yet, he entertained and granted his motion for bail. In doing so, respondent judge violated a tenet in criminal procedure which is too basic as to constitute gross ignorance of the law. When the law violated is elementary, a judge is subject to disciplinary action.
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