Professional Documents
Culture Documents
_______________
* EN BANC.
http://www.central.com.ph/sfsreader/session/0000015b2c8af4d33c0e1751003600fb002c009e/t/?o=False 1/10
4/2/2017 SUPREMECOURTREPORTSANNOTATEDVOLUME142
150
allow the accused to leave the country without the assent of the
surety because in accepting a bail bond or recognizance, the
government impliedly agrees that it will not take any
proceedings with the principal that will increase the risks of the
sureties or affect their remedies against him. Under this rule, the
surety on a bail bond or recognizance may be discharged by a
stipulation inconsistent with the conditions thereof, which is
made without his assent. This result has been reached as to a
stipulation or agreement to postpone the trial until after the final
disposition of other cases, or to permit the principal to leave the
state or country. Thus, although the order of March 26, 1982
issued by Judge Pronove has been rendered moot and academic by
the dismissal as to petitioner of the criminal cases pending before
said judge, We see the rationale behind said order.
FERNAN, J.:
http://www.central.com.ph/sfsreader/session/0000015b2c8af4d33c0e1751003600fb002c009e/t/?o=False 2/10
4/2/2017 SUPREMECOURTREPORTSANNOTATEDVOLUME142
http://www.central.com.ph/sfsreader/session/0000015b2c8af4d33c0e1751003600fb002c009e/t/?o=False 3/10
4/2/2017 SUPREMECOURTREPORTSANNOTATEDVOLUME142
_______________
152
http://www.central.com.ph/sfsreader/session/0000015b2c8af4d33c0e1751003600fb002c009e/t/?o=False 4/10
4/2/2017 SUPREMECOURTREPORTSANNOTATEDVOLUME142
_______________
153
_______________
8 p. 120, Rollo.
9 Annex BB, Motion for Leave, p. 124, Rollo.
10 p. 117, Rollo.
11 p. 121, Rollo.
12 p. 129, Rollo.
154
http://www.central.com.ph/sfsreader/session/0000015b2c8af4d33c0e1751003600fb002c009e/t/?o=False 6/10
4/2/2017 SUPREMECOURTREPORTSANNOTATEDVOLUME142
_______________
155
leaving the state, more so then has the court from which
the sureties merely derive such right, and whose
jurisdiction over the person of the principal remains
unaffected despite the grant of bail to the latter. In fact,
this inherent right of the court is recognized by petitioner
himself, notwithstanding his allegation that he is at total
liberty to leave the country, for he would not have filed the
motion for permission to leave the country in the first
place, if it were otherwise.
To support his contention, petitioner places reliance
upon the then Court of Appeals ruling in People vs.
Shepherd (C.A.G.R. No. 23505R, February 13, 1980)
particularly citing the following passage:
http://www.central.com.ph/sfsreader/session/0000015b2c8af4d33c0e1751003600fb002c009e/t/?o=False 7/10
4/2/2017 SUPREMECOURTREPORTSANNOTATEDVOLUME142
_______________
157
http://www.central.com.ph/sfsreader/session/0000015b2c8af4d33c0e1751003600fb002c009e/t/?o=False 9/10
4/2/2017 SUPREMECOURTREPORTSANNOTATEDVOLUME142
SO ORDERED.
o0o
158
Copyright2017CentralBookSupply,Inc.Allrightsreserved.
http://www.central.com.ph/sfsreader/session/0000015b2c8af4d33c0e1751003600fb002c009e/t/?o=False 10/10