01 serapio v. sandiganbayan

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01 Serapio v. Sandiganbayan

G.R. 148468

28 January 2003

Rule 114, Sec. 2: Condiion! o" #e bail$ re%uire&en!

'ac!:

Petitioner Edward Serapio, was a member of the Board of Trustees and the Legal Counsel of the ErapMuslim Youth Foundation, a non-sto!, non-profit foundation established in Februar" #$$$

ostensibl" for the purpose of pro%iding eduational opportunities for the poor and underpri%ileged but deser%ing Muslim "outh and students, and support to researh and ad%ane studies of "oung

Muslim eduators and sientists&

Sometime in 'pril #$$$, as trustee of the Foundation, he reei%ed on its behalf a donation in theamount of Two (undred Million Pesos )P#$$ Million* from +loos Sur o%ernor Luis Cha%it

Singson through the latters assistant Mrs& Yolanda iaforte& Petitioner reei%ed the donation andturned o%er the said amount to the Foundations treasurer who later deposited it in the Foundations

aount with the E.uitable PC+ Ban!&

+n the latter part of the "ear #$$$, o%& Singson publil" aused then President /oseph E& Estrada

and his ohorts of engaging in se%eral illegal ati%ities, inluding its operation on the illegal numbers

game !nown as 0ueteng& This triggered the filing with the 1ffie of the 1mbudsman of se%eralriminal omplaints against /oseph Estrada, /inggo" Estrada and petitioner, together with other

persons&

Subse.uentl", Serapio filed two petitions for ertiorari assailing the resolutions of the Third 2i%isionof the Sandiganba"an den"ing his petition for bail, motion for a rein%estigation and motion to .uash,

and a petition for habeas orpus, all in relation to Criminal Case 3o& #4556 for plunder wherein petitioner is one of the aused together with former President Estrada, /inggo" Estrada and se%eral

others&

(!!ue! )G.R. *o. 148468+:

7* 813 petitioner should first be arraigned before hearings of his petition for bail ma" be

onduted9

2+ -* peiioner &ay "ile a &oion o %ua!# #e a&ended (n"or&aion during #e pendency

o" #i! peiion "or bail

:* 813 petitioner was depri%ed of his right to due proess and should thus be released fromdetention %ia a writ of habeas orpus9

/eld:

7* *-. The arraignment of an aused is not a prere.uisite to the ondut of hearings on his petition

for bail& ' person is allowed to petition for bail as soon as he is depri%ed of his libert" b" %irtue of hisarrest or %oluntar" surrender& 'n aused need not wait for his arraignment before filing a petition for

bail&

+n La%ides %s& Court of 'ppeals, this Court ruled on the issue of whether an aused must first be

arraigned before he ma" be granted bail& La%ides in%ol%ed an aused harged with %iolation of


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Setion 5)b* epubli 't 3o& ;47$ )The Speial Protetion of Children 'gainst 'buse, E


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!uc# o""en!e. +t must be oneded, howe%er, that if a motion to .uash a riminal omplaint or +nformation on the ground that the same does not harge an" offense is granted and the ase is

dismissed and the aused is ordered released, the petition for bail of an aused ma" beome mootand aademi&

:* *-. 's a general rule, the writ of habeas orpus will not issue where the person alleged to be

restrained of his libert" in ustod" of an offier under a proess issued b" the ourt whih 0urisditionto do so& +n e and

#& +n && 3o& 7@6@46, the petition is P'T+'LLY '3TE2& The resolution of respondent

Sandiganba"an, 'nne< L of the petition, ordering a 0oint hearing of petitioners petition for bail andthe trial of Criminal Case 3o& #4556 as against former President /oseph E& Estrada is SET 'S+2E>

the arraignment of petitioner on /ul" 7$, #$$7 is also SET 'S+2E&

01 serapio v. sandiganbayan

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