Atty. Bruce Rivera Explains Trillanes Case "To Bail or Not To Bail"


Veteran San Beda Lawyer and prominent social media personality Atty. Bruce Villafuerte Rivera explained the case of Sen. Antonio Trillanes whether "To Bail or Not To Bail" after the senator was arrested due to the revocation of his amnesty.



According to Atty. Bruce Rivera, right now there are so many netizens who made some comments about the case of Trillanes whether it is bailable or not, therefore he decided to discuss the circumstances of the Trillanes case.

Atty. Rivera explained that as a general rule, bail is a Matter of Right, because everyone of us has the right to bail, so if your case is punishable below 6 years and 4 months and two days and before conviction before the RTC, bail is a matter of right.



Here's the Complete Explanations of Atty. Rivera:

TO BAIL OR NOT TO BAIL

Andami na namang nagmamagaling at nagsasabing non-bailable or bailable ang rebellion or coup d'etat. Let me discuss para sana alam natin ang batas at hindi na iko-correct ako gamit ang post ng ibang hindi naman abogado.

As a general rule, bail is a MATTER OF RIGHT. Lahat po tayo may karapatang magbail. So kung ang kaso mo ay punishable lang ng below 6 years, 4 months and two days and before conviction before the RTC, bail is a matter of right. Walang tanong-tanong, bail na agad yan.



Kung after conviction sa RTC pending appeal, bail is DISCRETIONARY sa court. Ibig sabihin, kahit convicted ka sa RTC pero hindi ka naman flight risk and your offense is not as grave, tapos may appeal ka, baka pagbigyan ka. Pero most of the time, ikukulong ka talaga kasi convicted ka nga eh.

Kelan ba NON-BAILABLE? Two factors must concur. First, the crime is punishable by reclusion perpetua or higher. Second, the evidence of guilt is strong. Kung hindi strong ang evidence of guilt base sa pananaw ng korte, bail becomes DISCRETIONARY on the court.

Ang tanong, bakit may bail ang rebellion kung ang penalty nito ay reclusion perpetua? Tanungin ninyo ang court bakit sa tingin nito ay evidence of guilt is not strong or baka they followed the initial order of the court nung 2010.

Ito po yung napag-aralan ko sa law school.

Bruce Villafuerte Rivera



Source: Atty. Bruce V. Rivera FB Page


Atty. Bruce Rivera Explains Trillanes Case "To Bail or Not To Bail" Atty. Bruce Rivera Explains Trillanes Case "To Bail or Not To Bail" Reviewed by Phil Newsome on 9/25/2018 Rating: 5

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