Wednesday, September 23, 2015

Right to Bail

Bail is not granted to prevent the accused from committing additional crimes. The purpose of bail is to guarantee the appearance of the accused at the trial, or whenever so required by the trial court. Bail may be granted as a matter of right or of discretion. Bail for the provisional liberty of the accused, regardless of the crime charged, should be allowed independently of the merits of the charge, provided the continued incarceration of the accused is clearly shown to be injurious to his health or to endanger his life. Denying bail despite imperiling the health and life of the accused would not serve the true objective of preventive incarceration during the trial.

Sunday, September 20, 2015

Right to Appeal

The right to appeal is neither a natural right nor a component of due process. It is a mere statutory privilege and may be exercised only in the manner and in accordance with the provision of law. An appealing party must strictly comply with the requisites laid down in the Rules of Court. Deviation from the Rules cannot be tolerated. The requirements for perfecting an appeal must be strictly followed as they are considered indispensable interdiction against needless delays. It is not only mandatory but jurisdictional as well, hence failure to appeal renders the judgment final and executory. Just as the losing party has the privilege to file an appeaal within the prescribed period, so also does the prevailing party have the correlative right to enjoy the finality of a decision in his favor.