511 Phil. 615
AUSTRIA-MARTINEZ, J.:
I bring to the attention of your Honors the act of Honorable Judge Arnulfo O. Bugtas, Presiding Judge, Branches I and II, Regional Trial Court, Borongan, Eastern Samar for ordering the Release on Recognizance [of] Mr. Manuel Bagaporo, Jr., a convict of frustrated murder before terminating service of the minimum penalty, and pending the approval of the prisoner's application for parole.In an Indorsement dated August 28, 2001, the Office of the Court Administrator directed respondent to file his comment to the complaint.[2]
Thank you.[1]
The undersigned Investigating Justice concludes that Judge Bugtas was guilty of gross ignorance of the law and gross neglect of duty for committing the following acts and omissions in relation to the case of convict Bagaporo, Jr., to wit:Accordingly, the Investigating Justice recommended that respondent be fined in the amount of P25,000.00.[15]
- Due to the penalty imposed on him, Bagaporo, Jr. should have been committed to the National Penitentiary upon his conviction (whether or not he appealed). The failure of Judge Bugtas, if he was the trial judge, to issue forthwith the mittimus to commit Bagaporo, Jr. as a national prisoner under Presidential Decree No. 29 to the New Bilibid Prison in Muntinlupa City was a serious disobedience to Circular No. 4-93-A dated April 20, 1992.
- In acting on Bagaporo, Jr.'s application for release, Judge Bugtas supposedly relied on the recognizance of Provincial Jail Warden Apelado, Sr. and on the other documents submitted in support of the convict's application for release on recognizance. Judge Bugtas contends that his act did not constitute a violation since bail was 'discretionary upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment.'
The undersigned Investigating Justice does not accept Judge Bugtas' good faith because Judge Bugtas was apparently lacking in sincerity. He was not unaware that Bagaporo, Jr. was serving final sentence for which his indeterminate penalty had a minimum of 4 years and 2 months. When Judge Bugtas ordered the release, Bagaporo, Jr. had not yet served even the minimum of the indeterminate sentence, a fact that Judge Bugtas should have known through a simple process of computation. Even if he was informed of Bagaporo, Jr.'s pending application for parole, Judge Bugtas had no legal basis to anticipate the approval of the application and to cause the convict's premature release. He was thus fully aware that Bagaporo, Jr. could not be released even upon the recognizance of the Provincial Jail Warden.
- Judge Bugtas' act of prematurely releasing the convict in effect altered the final sentence of Bagaporo, Jr. The undersigned Investigating Justice submits that Judge Bugtas thereby violated Art. 86, Revised Penal Code which provides:
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correcional and arresto mayor. – The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.Judge Bugtas could give no acceptable explanation for his act. A convict's release from prison before he serves the full term of his sentence is due either to good conduct allowances... or to the approval of his application for parole. The former is granted to him by the Director of Prisons (now Director of the Bureau of Corrections), pursuant to Art. 99, Revised Penal Code; the latter, by the Board of Pardons and Parole that was created and constituted pursuant to Act No. 4103, as amended. Obviously, the grant is not a judicial prerogative.
Consequently, Judge Bugtas arrogated unto himself authority that pertained under the law to an administrative official or agency.- Judge Bugtas contends that his order of release on recognizance was correct considering that the convict had already been in custody for a period equal to the minimum imprisonment meted out by the trial court. To support his contention, he cites Sec. 16, Rule 114, 2000 Rules of Criminal Procedure, to wit:
Sec. 16. Bail, when not required; reduced bail or recognizance. – No bail shall be required when the law or these Rules so provide.The undersigned Investigating Justice opines that Judge Bugtas' contention compounds his already dire situation. He seems to believe that the quoted rule applies to a convict like Bagaporo, Jr. He has no realization at all (or, if he has, he conceals it) that the rule applies only to an accused undergoing preventive imprisonment during trial or on appeal; and that the rule has absolutely no application to one already serving final sentence. Such ignorance, whether pretended or not, is terrifying to see in a judicial officer like Judge Bugtas, a presiding judge of the Regional Trial Court.
When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court.- Judge Bugtas labors under a mistaken notion about the Indeterminate Sentence Law, that once the convict has been in custody for the duration of the minimum of the indeterminate sentence, he may be released even if his application for parole is still pending. He thereby ignores that the benefit under the Indeterminate Sentence Law is accorded to the convict only after the Board of Pardon and Parole has determined his application favorably after considering all the cogent circumstances. ...
...
It is crucial that Judge Bugtas be reminded that the convict must remain in prison pending the consideration of the convict's application for parole by the Board of Pardons and Parole, for there is no assurance of the grant of his application.- In any case, Judge Bugtas should have outrightly denied the application of the convict for release on recognizance not only because the convict had yet to complete even the minimum of the indeterminate sentence but also because the convict must serve his sentence even beyond the minimum unless in the meantime the Director of the Bureau of Corrections granted him the allowances for good conduct that offset the unserved portion pursuant to Art. 97 and Art. 99, Revised Penal Code; or unless the Board of Pardons and Parole approved the convict's application for parole.[14]
Sec. 16. Bail when not required; reduced bail or recognizance. – No bail shall be required when the law or these Rules so provide.Based on the above-quoted Rule, respondent argues that since Bagaporo had already been in prison for a period which is equal to the minimum of his sentence, his release on recognizance is in order. Respondent also contends that he simply exercised his discretion in allowing Bagaporo to be released on bail on the strength of the provisions of the first paragraph of Section 5, Rule 114 of the Rules of Court which provides that upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment, the court, on application, may admit the accused to bail.[17]
When a person has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced, he shall be released immediately, without prejudice to the continuation of the trial thereof or the proceedings on appeal. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court.[16]
SEC. 24. No bail after final judgment; exception. – An accused shall not be allowed bail after the judgment has become final, unless he has applied for probation before commencing to serve sentence, the penalty and the offense being within the purview of the Probation Law. In case the accused has applied for probation, he may be allowed temporary liberty under his bail, but if no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible member of the community. In no case shall bail be allowed after the accused has commenced to serve sentence.[19]The only exception to the above-cited provision of the Rules of Court is when the convict has applied for probation before he commences to serve sentence, provided the penalty and the offense are within the purview of the Probation Law.
Sec. 16. Bail, when not required; reduced bail or recognizance. – No bail shall be required when the law or these Rules so provide.[17] Under the amended Rules, Section 5, Rule 114 of the Rules of Court now reads as follows:
When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court.
Sec. 5. Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.[18] Rollo, p. 4.
Sec. 24. No bail after final judgment; exception. – No bail shall be allowed after a judgment of conviction has become final. If before such finality, the accused applies for probation, he may be allowed temporary liberty under his bail. When no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible member of the community. In no case shall bail be allowed after the accused has commenced to serve sentence.[20] An Act Providing For The Diminution Of Sentences Imposed Upon Prisoners Convicted Of Any Offense And Sentenced For A Definite Term Of More Than Thirty Days And Less Than Life in Consideration Of Good Conduct And Diligence.