Legal Philo Case
Legal Philo Case
Legal Philo Case
FACTS:
Petitioner Pio Duran is a Filipino political prisoner under the custody of the Director of Prisons in the
New Bilibid Prison, Muntinlupa Rizal for not less than three months without any information of having
filed against him. He filed a petition for his release on bail with the People’s Court. Solicitor General
recommended that the petitioner be provisionally release on P35,000.00 bail. After hearing the statements
of Special Prosecutor V.D Carpio, in representation of the Solicitor General and Atty. Marciano Almario,
counsel for the petitioner, Judge Salvador Abad Santos denied the petition for bail on October 12, 1945
and refused to reconsider his order although not stating any reason on the issued on October 15, 1945.
The denial of the petition is a flagrant violation of the Constitution of the Philippines and of Section 19 of
Commonwealth Act No. 682 and that the judge has committed grave abuse of discretion for which
petitioner has no other plain speedy and adequate remedy in ordinary course of law.
The respondent judge denies abuse of discretion and stated the reason for denying the petitioner for bail
on his order on October 15, 1945 and the grounds are “the detainee’s adherence to the enemy as
manifested by his utterances and activities during the Japanese domination historical facts of
contemporary history and of public knowledge which the petitioner cannot deny makes the case against
him quite serious and may the necessitate the imposition of the capital punishment”.
ISSUE: Whether or not the respondent judge committed grave abuse of discretion for denying the
petitioner’s petition to bail as pursuant to section 19 of Commonwealth Act No.682?
• The petitioner denied the imputation that the petitioner was the Executive General of the
“Makapili,” but he openly admitted that at the hearing before the People’s Court he did not make
any effort to deny or disprove the said imputation or the others appearing in Appendix E of the
petition. In view thereof, how can we expect the People’s Court not to take into consideration
what had been stated then, appearing in said Appendix E?
Counsel’s contention that there was strong have presented evidence to prove that there was strong
evidence of the commission of a capital offense before People’s Could deny bail in this case was
substantially complied with, although the information charging the commission of the crime of treason
had not as yet been filed. We are of the opinion and so hold that hearing set and held for the purpose was
amply sufficient for the People’s Court to be informed and to determine whether there was strong
evidence of the commission of a capital offense.
In view of the foregoing, it cannot be stated that the petitioner has been deprived of his liberty without
due process of law, because his petition for bail had been set for hearing and he was given an opportunity
to be heard when the above circumstances were submitted to the People’s Court, where it was made to
appear satisfactorily that he was being detained due to highly treasonable activities against
Commonwealth of the Philippines and the United States, which activities would be charged in the
information for a capital offense and punishable by death, and that evidence in the case is strong.
HELD: NO.
WHEREFORE, Petitioner was charged for treason which is the “highest of all crimes”