Man seeks provisional liberty for his brother

Man seeks provisional liberty for his brother "My brother was arrested on November 2010 because of a complaint filed against him for physical injuries. At the time of his arrest, my parents and I were in Iloilo and we were unable to help him out. We arrived on December and we found out that he had a standing warrant even prior to his arrest and that his case is already pending before the Municipal Trial Court. We pity his situation in jail. Even if it has only been almost two mon­ths since his incarceration, he has already lost a lot of weight and looks really bad. Is there a way for us to have him released from jail? Can we apply for bail or something like that? Please help us. Jack_01Dear Jack_01, The imprisonment of a person who is accused of committing a crime is a necessary consequence of his valid arrest. While the case is still pending, he may not be released from his confinement or be transferred to another place, except if the same is ordered by the court or if he is admitted to bail. (Section 3, Rule 114, Rules of Court)Under the first exception mentioned above, the court only orders for the release of an accused if it is proven that he is not liable for the crime of which he is accused of and the court dismisses his case. In the situation of your brother, it may be improbable for the court to order his release since there is no showing that his case has already been dismissed. In fact, you only mentioned that he was arrested just last November 2010. Thus, it would be unlikely that a release order will be issued in his favor.Nevertheless, your brother may ask from the court that he be released on bail. Bail is a security given for the provisional liberty of the accused. If the prosecutor has made a bail recommendation and the same was granted by the court, you or your parents can satisfy the bail amount so that your brother can be released from jail. We would like to reiterate that your brother’s release on bail is only provisional or temporary. It cannot be equated to an acquittal. Thus, he may still be asked to present himself before the court during the hearing of his case, when the same is so ordered.But if no bail was recommended in favor of your brother, he may apply for it. As provided for under the law, all persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or the rules before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court. (Section 4, Rule 114, id)His application will be heard by the court and even though the nature of said hearing is only summary in nature, the prosecution will be given notice of your brother’s application for bail and be accorded an opportunity to introduce evidence necessary for its opposition to grant your brother his application for bail.If no opposition was filed by the prosecution and the court finds no sufficient reason to turn down your brother’s application, it will issue an order approving said application for bail and he will be discharged accordingly. We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/