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    Digested Qui Vs People 2012

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    Leo Felicilda
    The petitioner, Cyril Calpito qui, was convicted of child abuse by the Regional Trial Court and appealed to the Court of Appeals seeking bail. The Office of the Solicitor General urged for the denial of bail, arguing the petitioner was a flight risk given attempts to evade court processes in the past through lies. The Court of Appeals denied the application for bail, finding the petitioner had shown a propensity to disobey courts through lying about her father's hospitalization and death. Under the rules, bail is at the discretion of the court following conviction, and given the petitioner's attempts to evade the court, bail was properly denied pending appeal.

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    Digested Qui Vs People 2012

    Uploaded by

    Leo Felicilda
    123 views2 pages
    The petitioner, Cyril Calpito qui, was convicted of child abuse by the Regional Trial Court and appealed to the Court of Appeals seeking bail. The Office of the Solicitor General urged for the denial of bail, arguing the petitioner was a flight risk given attempts to evade court processes in the past through lies. The Court of Appeals denied the application for bail, finding the petitioner had shown a propensity to disobey courts through lying about her father's hospitalization and death. Under the rules, bail is at the discretion of the court following conviction, and given the petitioner's attempts to evade the court, bail was properly denied pending appeal.

    Original Description:

    Qui vs People Bail case

    Original Title

    Digested Qui vs People 2012

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    The petitioner, Cyril Calpito qui, was convicted of child abuse by the Regional Trial Court and appealed to the Court of Appeals seeking bail. The Office of the Solicitor General urged for the denial of bail, arguing the petitioner was a flight risk given attempts to evade court processes in the past through lies. The Court of Appeals denied the application for bail, finding the petitioner had shown a propensity to disobey courts through lying about her father's hospitalization and death. Under the rules, bail is at the discretion of the court following conviction, and given the petitioner's attempts to evade the court, bail was properly denied pending appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    123 views2 pages

    Digested Qui Vs People 2012

    Uploaded by

    Leo Felicilda
    The petitioner, Cyril Calpito qui, was convicted of child abuse by the Regional Trial Court and appealed to the Court of Appeals seeking bail. The Office of the Solicitor General urged for the denial of bail, arguing the petitioner was a flight risk given attempts to evade court processes in the past through lies. The Court of Appeals denied the application for bail, finding the petitioner had shown a propensity to disobey courts through lying about her father's hospitalization and death. Under the rules, bail is at the discretion of the court following conviction, and given the petitioner's attempts to evade the court, bail was properly denied pending appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Qui vs People 2012 Digest

    Facts
    Cyril Calpito qui was convicted by the RTC for acts of cruelty and child abuse upon an 8 year old minor.
    She filed an appeal to the Court of Appeals together with an Urgent Petition/Application for bail. OSG
    urged for the denial of bail on the ground of petitioner’s propensity to evade the law and that she is a
    flight risk.

    Petitioner’s penchant to disobey court processes may also be deduced from the fact that she lied in order to
    wiggle out of, and justify her non-appearance on the March 8, 2010 hearing before the RTC. Petitioner gave
    the convenient but false excuse that her father, Cirilo Calpito, was hospitalized on said hearing day (i.e., March
    8, 2010) and that Cirilo died on March 24, 2010. The lies foisted on the court were exposed by: (1) the Death
    Certificate of Cirilo Calpito clearly showing that he died on March 24, 2009 or a year before the aforesaid March
    2010 RTC hearing; and (2) the Certification issued by Dr. Aniana Javier stating that Cirilo went to her clinic on
    March 9, 2009.

    Lest it be overlooked, the RTC notice sent to petitioner’s bonding company was returned with the notation
    "moved out," while the notice sent to petitioner’s given address was returned unclaimed with the notation
    "RTS no such person according to Hesita Family" who were the actual occupants in petitioner’s given address.
    The fact of transferring residences without informing her bondsman and the trial court can only be viewed as
    petitioner’s inclination to evade court appearance, as indicative of flight, and an attempt to place herself
    beyond the pale of the law.

    CA denied the application for bail the petitioner. Hence the petition for Review on Certiorari.

    Issues:
    Whether or not petitioner is entitled for bail considering that the conviction is not yet final since
    due to the reason that the conviction by the RTC is on appeal.

    Held:

    The petition is bereft of merit.

    SCRA: Under the present rule, the grant of bail is a matter of discretion upon conviction by the RTC of an
    offense not punishable by death, reclusion Perpetua or life imprisonment; the allowance of bail pending
    appeal should be exercised not with laxity but with grave caution and only for strong reasons, considering
    that the accused has been in fact convicted by the trial court.

    the "tough on bail pending appeal" policy, the presence of bail-negating conditions mandates the denial or
    revocation of bail pending appeal such that those circumstances are deemed to be as grave as conviction by
    the trial court for an offense punishable by death, reclusion perpetua or life imprisonment where bail is
    prohibited.5
    Sec 5. Rule 114 of the Revised rules on criminal procedure;
    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.

    Certainly, after one is convicted by the trial court, the presumption of innocence, and with it, the
    constitutional right to bail, ends.7

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