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    Magsucang v. Judge Balgos Digest - Llovit

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    ayhen01
    Judge Rolando Balgos was charged with requiring excessive bail in several criminal cases against Rosalie Magsucang. Rosalie was illiterate and from a poor fishing family. Judge Balgos set bail at P30,000 for one case where Rosalie was accused of stealing P11,200, and P24,000 for another case where she was accused of stealing only P4,300. The Supreme Court found that Judge Balgos failed to properly consider Rosalie's financial ability and set the bail amounts unreasonably high. As a result, Judge Balgos was fined P5,000 for requiring excessive bail.

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    Magsucang v. Judge Balgos Digest - Llovit

    Uploaded by

    ayhen01
    240 views2 pages
    Judge Rolando Balgos was charged with requiring excessive bail in several criminal cases against Rosalie Magsucang. Rosalie was illiterate and from a poor fishing family. Judge Balgos set bail at P30,000 for one case where Rosalie was accused of stealing P11,200, and P24,000 for another case where she was accused of stealing only P4,300. The Supreme Court found that Judge Balgos failed to properly consider Rosalie's financial ability and set the bail amounts unreasonably high. As a result, Judge Balgos was fined P5,000 for requiring excessive bail.

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    64. Magsucang v. Judge Balgos Digest_Llovit.docx

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    Judge Rolando Balgos was charged with requiring excessive bail in several criminal cases against Rosalie Magsucang. Rosalie was illiterate and from a poor fishing family. Judge Balgos set bail at P30,000 for one case where Rosalie was accused of stealing P11,200, and P24,000 for another case where she was accused of stealing only P4,300. The Supreme Court found that Judge Balgos failed to properly consider Rosalie's financial ability and set the bail amounts unreasonably high. As a result, Judge Balgos was fined P5,000 for requiring excessive bail.

    Copyright:

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

    Magsucang v. Judge Balgos Digest - Llovit

    Uploaded by

    ayhen01
    Judge Rolando Balgos was charged with requiring excessive bail in several criminal cases against Rosalie Magsucang. Rosalie was illiterate and from a poor fishing family. Judge Balgos set bail at P30,000 for one case where Rosalie was accused of stealing P11,200, and P24,000 for another case where she was accused of stealing only P4,300. The Supreme Court found that Judge Balgos failed to properly consider Rosalie's financial ability and set the bail amounts unreasonably high. As a result, Judge Balgos was fined P5,000 for requiring excessive bail.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    64. Magsucang v.

    Judge Balgos, 398 SCRA 158

    TITLE MODESTO MAGSUCANG, complainant, vs. JUDGE


    ROLANDO V. BALGOS, MTC, Hinigaran, Negros
    Occidental, respondent.

    GR NUMBER AM no. MTJ- 02- 142

    DATE February 27, 2003

    PONENTE QUISUMBING, J.

    NATURE/ ADMINISTRATIVE MATTER in the Supreme Court/


    KEYWORDS/ Excessive Bail/ Second Division
    DIVISION

    FACTS Complainant Modesto Magsucang charged Judge Rolando


    Balgos, Presiding Judge, MTC, Hinigaran, Negros
    Occidental, of requiring excessive bail.

    Pepito Lim filed a criminal complaint for qualified theft


    against complainant’s daughter, Rosalie Magsucang, for
    misappropriating cash amounting to P11,200.
    Respondent judge issued a warrant of arrest and bail was
    set at P30,000. Rosalie was arrested. Complainant
    posted bail for his daughter from the proceeds of the sale
    of his banca and with money borrowed from friends.

    Meanwhile, more cases for qualified theft were filed by


    Mr. Lim against Rosalie. Corresponding warrants of arrest
    were issued by respondent judge and in one of these
    cases bail was set at P24,000. Rosalie remained
    incarcerated because she could not pay the bail.

    Complainant alleged that respondent judge violated


    applicable rules and regulation when he required
    excessive bail.

    Court Administrator, Justice Presbitero Velasco, found


    respondent judge innocent of the charges, except the
    charge related to excessive bail. Justice Velasco
    recommended that the case be re-docketed as a regular
    administrative matter and that the respondent judge be
    fined in the amount of P2,000.

    ISSUE(S) 1. W/N the respondent judge was guilty of requiring


    excessive bail?

    RULING(S) 1. Yes. Section 9 of Rule 114 of the Rules of Court


    provides that in fixing the amount of bail in criminal
    cases, judges shall primarily consider the following
    factors: (a) financial ability of the accused to give bail;
    (b) nature and circumstances of the offense; (c)
    penalty for the offense charged; (d) character and
    reputation of the accused; (e) age and health of the
    accused; (f) weight of the evidence against the
    accused; (g) probability of the accused appearing at
    the trial; (h) forfeiture of other bail; (i) the fact that
    the accused was a fugitive from justice when
    arrested; and (j) pendency of other cases where the
    accused is on bail.
    The amount of bail should be reasonable at all times.
    Excessive bail shall not be required. In implementing
    this mandate, regard should be taken of the prisoner’s
    pecuniary circumstances. That which is reasonable
    bail to a man of wealth may be unreasonable to a
    poor man charged with a like offense. Where the right
    to bail exists, it should not be rendered nugatory by
    requiring a sum that is excessive. The amount should
    be high enough to assure the presence of defendant
    when required but no higher than is reasonably
    calculated to fulfill this purpose.
    In this case, the respondent judge failed to consider
    that Rosalie Magsucang is illiterate, the daughter of a
    poor fisherman. She had very limited financial ability
    to post bail. In one of the criminal cases, Rosalie
    Magsucang was accused of stealing only P4,300.
    Indeed, each of the 10 cases carried separate
    warrants of arrest, each with its own recommended
    amount of bail. In fixing the unreasonably excessive
    amount of bail at P24,000 in the cited case, it is clear
    that the respondent judge disregarded the guidelines
    provided by the Rules of Court.

    CONCLUSION WHEREFORE, respondent Presiding Judge Rolando


    Balgos, MTC, Hinigaran, Negros Occidental is found liable
    for requiring excessive bail and is hereby FINED the
    amount of P5,000.00, with a stern warning that a
    repetition of the same or similar act would be dealt with
    more severely.

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