SYLLABI/SYNOPSIS

THIRD DIVISION

[G.R. No. 131909. February 18, 1999]

PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. ALFREDO CABRAL, Presiding Judge, RTC, Branch 30, Camarines Sur and RODERICK ODIAMAR, respondents.

D E C I S I O N

ROMERO, J.:

Assailed before this Court is the August 1, 1997 decision[1] of the Court of Appeals in CA GR. No. 42318 which affirmed the March 24, 1995 and June 14, 1996 orders[2] of the lower court granting accused-respondent’s Motion for Bail and denying petitioner People’s Motions “to Recall and Invalidate Order of March 24, 1995” and “to Recall and/or Reconsider the Order of May 5, 1995” confirming the hospitalization of accused-respondent.

Accused-respondent Roderick Odiamar was charged with rape upon the complaint of Cecille Buenafe. In a bid to secure temporary liberty, accused-respondent filed a motion praying that he be released on bail which petitioner opposed by presenting real, documentary and testimonial evidence. The lower court, however, granted the motion for bail in an order, the dispositive portion of which reads:

“WHEREFORE, the evidence not being strong at the (sic) stage of the trial, this court is constrained to grant bail for the provisional liberty of the accused Roderick Odiamar in the amount of P30,000.00.” (Italics supplied)

Believing that accused-respondent was not entitled to bail as the evidence against him was strong, the prosecution filed the two abovementioned motions which the lower court disposed of, thus:

“WHEREFORE, the motions dated 10 May 1995 and 15 May 1995 both filed by Atty. Romulo Tolentino, State Prosecutor, are hereby denied, for lack of merit.”

The above-cited orders prompted petitioner to file a petition before the Court of Appeals with prayer for temporary restraining order and preliminary injunction. The Court of Appeals denied the petition reasoning thus:

“We have examined in close and painstaking detail the records of this case, and find that the claim of the People that the respondent judge had over-stepped the exercise of his jurisdiction in issuing the questioned orders, is unimpressed with merit. We are not inclined to declare that there was grave abuse in respondent court’s exercise of its discretion in allowing accused to obtain bail. There is grave abuse of discretion where the power is exercised in an arbitrary or despotic manner by reason of passion, prejudice, or personal hostility amounting to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law. We do not find this to be so in this case. Our ruling is based not only on the respect to be accorded the findings of facts of the trial court, which had the advantage (not available to Us) of having observed first-hand the quality of the autoptic proference and the documentary exhibits of the parties, as well as the demeanor of the witnesses on the stand, but is grounded on the liberal slant given by the law in favor of the accused. Differently stated, in the absence of clear, potent and compelling reasons, We are not prepared to supplant the exercise of the respondent court’s discretion with that of Our own.”

Still convinced by the merit of its case, petitioner filed the instant petition submitting the following sole issue:

“WHETHER OR NOT THE COURT OF APPEALS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN ISSUING THE ASSAILED DECISION AND RESOLUTION DESPITE A SHOWING BY THE PROSECUTION THAT THERE IS STRONG EVIDENCE PROVING RESPONDENT’S GUILT FOR THE CRIME CHARGED.”

The above-submitted issue pertains to the orders of the lower court granting accused-respondent’s application for bail which it justified through its summary of the evidence presented during the hearing. Said order states, thus:

“Now going over the evidence adduced in conjunction with the petition for bail filed by the accused through counsel, the court believes that the evidence so far presented by the prosecution is not strong. This is so because the crime of rape is not to be presumed; consent and not physical force is the common origin of acts between man and woman. Strong evidence and indication of great weight alone support such presumption. It is the teaching of applicable doctrines that form the defense in rape prosecution. In the final analysis, it is entitled to prevail, not necessarily because the untarnished truth is on its side but merely because it can raise reasonable, not fanciful doubts. It has the right to require the complainant (sic) strong evidence and an indication of great weight (People v. Godoy, G.R. No. L-31177, July 15, 1976), and in the instant case, the reasonable doubt is on the evidence of the prosecution, more so, because the intrinsic nature of the crime, the conviction or the acquittal of the accused depends almost entirely on the credibility of the complainant (People v. Oliquino, G.R. No. 94703, May 31, 1993). Rightly so, because in the commission of the offense of rape the facts and circumstances occuring either prior, during and subsequent thereto may provide conclusion whether they may negate the commission thereof by the accused (People v. Flores, L-6065, October 26, 1986). If they negate, they do presuppose that the evidence for the prosecution is not strong. More so, because in the instant case, the facts and circumstances showing that they do seem to negate the commission thereof were mostly brought out during the cross-examination. As such, they deserve full faith and credence because the purpose thereof is to test accuracy and truthfulness and freedom from interest and bias or the reverse (Rule 132, Sec. 6, Revised Rules of Evidence). The facts and circumstances brought up are as follow, to wit:

a) That, when the offended party Cecille Buenafe rode in the jeepney then driven by the accused Roderick Odiamar in that evening of July 20, 1994 at about 8:00 o’clock from the Poblacion, Lagonoy, Camarines Sur the former knew that it was for a joy ride. In fact, she did not even offer any protest when the said jeepney proceeded to the Pilapil Beach resort at Telegrafo, San Jose, Camarines Sur instead of Sabang, same municipality, where she and Stephen Florece intended to go. And when the said jeepney was already inside that resort, Cecille even followed the accused in going down from the jeepney also without protest on her part, a fact which shows voluntariness on the part of the offended party and, therefore, to the mind of the court her claim of rape should not be received with precipitate credulity. On the contrary, an insight into the human nature is necessary (People v. Barbo, 56 SCRA 495). And it is only when the testimony is impeccable and rings true throughout where it shall be believed (People v. Tapao, G.R. No. L-41704, October 23, 1981). Rightly so, because the aphorism that evidence to be believed must not only proceed from the mouth of a credible witness but it must be credible in itself in conformity with the common experience and observation of mankind is nowhere of moral relevance than in cases involving prosecution of rape (People v. Macatangay, 107 Phil. 188);

b) That, in that resort, when the accused Roderick Odiamar and companions allegedly forced the offended party Cecille Buenafe to drink gin, the latter, at first, refused and even did not swallow it but later on voluntarily took four (4) shots there shows that there (was) no force. And as regards the claim that the accused Roderick Odiamar and companions allegedly forced the said offended party to inhale smoke, out of a small cigarette, presumably a marijuana, it becomes doubtful because the prosecution, however, failed to present any portion of that so-called small cigarette much less did it present an expert witness to show that inhaling of smoke from the said cigarette would cause dizziness. Rightly so, because administration of narcotics is covered by Art. 335, par. 2 Revised Penal Code (People v. Giduces C.A. 38 O.C. 1434 cited in the Revised Penal Code, Aquino, Vol.III, pp. 392). As such, the burden of proof rests with the prosecution but it failed to do so;

c) That, in that cottage where the accused, Roderick Odiamar allegedly brought the offended party, Cecille Buenafe, the former was able to consummate the alleged offense of rape by removing the two (2) hands of the offended party, placed them on her knee, separating them thereby freeing the said hand and consequently pushed the head of the accused but the latter was able to insert his penis when the said offended party was no longer moving and the latter became tired. Neither evidence has been presented to show that the offended party suffered an injury much less any part of her pants or blouse was torn nor evidence to show that there was an overpowering and overbearing moral influence of the accused towards the offended party (People v. Mabunga, G.R. No. 96441d, March 13, 1992) more so, because force and violence in the offense of rape are relative terms, depending on the age, size and strength of the parties and their relation to each other (People v. Erogo, 102077 January 4, 1994);

d) That, after the alleged commission of rape at about 3:00 o’clock in the early morning of July 21, 1994, the offended party, Cecille, Stephen Florece and the latter’s companions all boarded the same jeepney going back to the Poblacion of Lagonoy, without the said offended party, protesting, crying or in any way showing sign of grief regarding the alleged commission of the offense of rape until the jeepney reached the house of Roderick Odiamar where the latter parked it. As in other cases, the testimony of the offended party shall not be accepted unless her sincerity and candor are free from suspicion, because the nature of the offense of rape is an accusation easy to be made, hard to be proved but harder to be defended by the party accused though innocent (People v. Francisco G.R. No. L-43789, July 15, 1981). It becomes necessary, therefore, for the courts to exercise the most painstaking care in scrutinizing the testimony of the witnesses for the prosecution (People v. Dayag, L-30619, March 29, 1974);

e) That the offended party, Cecille Buenafe had herself physically examined by Dr. Josephine Decena for medical certificate dated July 27, 1994 and it states, among others, that there was a healed laceration on the hymen, her laceration might have been sustained by the said offended party, a month, six (6) months, and even a year, prior to the said examination and that the said laceration might have been caused by repeated penetration of a male sex organ probably showing that the offended party might have experienced sexual intercourse. This piece of testimony coming from an expert, such finding is binding to court (Rules of Court, Moran, op.cit, vol 5, 1963, ed. pp. 413).

f) That the offended party, Cecille Buenafe accompanied by the Station Commander of Lagonoy, Camarines Sur, proceeded to Naga City and upon the suggestion of Gov. Bulaong, the said offended party submitted for medical treatment before the same physician per medical certificate dated August 1, 1994 but according to the said physician the lesions near the umbilicus were due to skin diseases but the said offended party claim they were made by the accused after the sexual acts. As such, there were contradictions on material points, it becomes of doubtful veracity (People v. Palicte 83 Phil.) and it also destroys the testimony (People v. Garcia, G.R. No. 13086, March 27, 1961). As to the fact that the said lesion was made by the accused subsequent to the commission of the act, it is immaterial. As such, it has no probative value.”

The lower court concluded that the evidence of guilt was not strong.

The Office of the Solicitor General disagreed with the lower court. It opined that aside from failing to include some pieces of evidence in the summary, the trial court also misapplied some well-established doctrines of criminal law. The Office of the Solicitor General pointed out the following circumstances duly presented in the hearing for bail:

“First. There was no ill motive on the part of Cecille to impute the heinous crime of rape against respondent (People v. Paragsa, 83 SCRA 105 [1978]; People v. Delovino, 247 SCRA 637 [1995]).

Second. Dr. Belmonte, the psychiatrist who attended to Cecille testified that based on her psychiatric examination of the latter, Cecille manifested psychotic signs and symptoms such as unusual fear, sleeplessness, suicidal thoughts, psychomotor retardation, poverty of thought content as well as depressive signs and symptoms. These abnormal psychological manifestations, according to Dr. Belmonte, are traceable to the rape incident (Pages 5-7, TSN, November 22, 1994.)

Third. The unrebutted offer of compromise by respondent is an implied admission of guilt (People v. Flore, 239 SCRA 83 [1994]).

Fourth. Cecille was threatened by a deadly weapon and rendered unconscious by intoxication and inhalation of marijuana smoke.

Fifth. The fact that after the conduct of two (2) preliminary investigations, ‘no bail was recommended in the information’ constitutes ‘clear and strong evidence of the guilt of (all) the accused’ (Baylon v. Sison, 243 SCRA 284 [1995].

Sixth. Cecille categorically testified on re-cross examination (pages 5-7, Order) that respondent succeeded in forcibly deflowering her because she was already weak and dizzy due to the effect of the smoke and the gin. Her declarations remain unrebutted.

Seventh. Cecille categorically testified that she performed acts manifesting her lament, torment and suffering due to the rape. She went to Stephen Florece, cried and complained about the incident. Instead of helping her, Florece threatened to harm her and her family. (Pages 9-13, November 17, 1994). The statements of Cecille are positive statements which, under existing jurisprudence, are stronger than the denials put forth by respondent (Batiquin v. Court of Appeals, 258 SCRA 334 [1996]).

Eight. The reliance by trial court on the testimony of Dr. Decena to the effect that the lacerations suffered by Cecille ‘might have been sustained by the latter a month, six (6) months or even a year prior to the examination’ (Page 12 (e), Order, March 24, 1995) thus implying that respondent could not have committed the crime is highly misplaced.

Dr. Decena herself testified that she cannot tell ‘how old is an old hymenal laceration’ because she cannot indicate when an old laceration was inflicted and that from the size of the vagina she ‘could not point the exact cause’ (Pages 7-10, TSN, December 9, 1994). Nevertheless, proof of hymenal laceration is not indispensable in indictments for rape as a broken hymen is not an essential element of the crime (People v. Echegaray, 257 SCRA 561 [1996]). Further, in crimes against chastity, the medical examination of the victim’s genitalia is not an indispensable element for the successful prosecution of the crime. The examination is merely corroborative in nature. (People v. Arce, 227 SCRA 406 [1993]).

Ninth. With respect to the cigarette wounds, Dr. Decena positively testified that the wounds could have been ‘caused by cigarette butts as alleged by the victim’ (Page 6, TSN, December 9, 1994) which confirms Cecille’s testimony (quoted in the Order at page 9) that respondent burned her ‘right side of the stomach’ thrice.”

The above points are well taken and have impressed upon this Court the merits of the instant petition.

The 1987 Constitution in Article III, Section 13 of the Bill of Rights provides:

“All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.” (Italics supplied)

In view of the above exception to the constitutional guarantee on bail and in accordance with its rule-making powers,[3] the Supreme Court, in promulgating the Rules of Court, adopted the following provision:

“Sec. 7. No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is strong, shall be admitted to bail regardless of the stage of the criminal prosecution.”[4] (Italics supplied)

In this case, accused-respondent was being charged with rape qualified by the use of a deadly weapon punishable by reclusion perpetua to death.[5] As such, bail is discretionary and not a matter of right. The grant or denial of an application for bail is, therefore, dependent on whether the evidence of guilt is strong which the lower court should determine in a hearing called for the purpose. The determination of whether the evidence of guilt is strong, in this regard, is a matter of judicial discretion. While the lower court would never be deprived of its mandated prerogative to exercise judicial discretion, this Court would unhesitatingly reverse the trial court’s findings if found to be laced with grave abuse of discretion.

By judicial discretion, the law mandates the determination of whether proof is evident or the presumption of guilt is strong.[6] “Proof evident” or “Evident proof” in this connection has been held to mean clear, strong evidence which leads a well-guarded dispassionate judgment to the conclusion that the offense has been committed as charged, that accused is the guilty agent, and that he will probably be punished capitally if the law is administered.[7] “Presumption great” exists when the circumstances testified to are such that the inference of guilt naturally to be drawn therefrom is strong, clear, and convincing to an unbiased judgment and excludes all reasonable probability of any other conclusion.[8] Even though there is a reasonable doubt as to the guilt of accused, if on an examination of the entire record the presumption is great that accused is guilty of a capital offense, bail should be refused.[9] (Emphasis and Italics supplied)

In other words, the test is not whether the evidence establishes guilt beyond reasonable doubt but rather whether it shows evident guilt or a great presumption of guilt. As such, the court is ministerially bound to decide which circumstances and factors are present which would show evident guilt or presumption of guilt as defined above.[10]

This Court has observed that the lower court’s order failed to mention and include some significant factors and circumstances which, to the mind of this Court are strong, clear and convincing. First, it excluded the testimony of Dr. Belmonte about her psychiatric examination of the victim as well as her findings that the latter manifested “psychotic signs and symptoms such as unusual fear, sleeplessness, suicidal thoughts, psychomotor retardation, poverty of thought content as well as depressive signs and symptom.”[11] This particular testimony should have been considered and included in the summary as it was given by an expert witness. Second, the unrebutted offer of compromise by accused-respondent is an implied admission of guilt which should have been noted as an offer of a compromise is generally considered as admissible evidence against the party making it.[12]

Aside from failing to mention those important pieces of evidence and testimonies, this Court has likewise observed that the lower court misappplied some doctrines in criminal law. First, the lower court, in its order, intoned the following doctrine that “evidence to be believed must not only proceed from the mouth of a credible witness but it must be credible in itself in conformity with common experience and observation of mankind.”

According to the lower court, the credibility of the complainant is suspect because she willingly went with accused-respondent to the resort where she was allegedly raped. In the scene of the crime, complainant allegedly voluntarily drank four shots of gin. The complainant, likewise, never protested nor cried while they were on their way to accused-respondent’s house. Because of those findings, the lower court doubted the credibility of complainant and stated that the crime of rape is not to be presumed and that sexual acts between a man and a woman are presumed to be consensual. In overcoming such presumption, much depends on the credibility of the complainant.

This Court cannot agree. First, there was no finding of any ill-motive on the part of complainant in filing the rape charge against accused-respondent. This should have been taken into consideration. The following rebuttal of petitioner to the findings of the lower court is more credible:

“It must also be stressed that Cecille testified that she was forced by respondent to drink gin with the help of his friends by holding her hair and putting the glass on her mouth (Pages 5-7, TSN, November 17, 1994). More, respondent and his friends blew smoke into her face forcing her to inhale the intoxicating smoke. Whenever she attempted to leave the place, she was forced to sit down by Odiamar and his friends (Pages 6-7, TSN, November 17, 1994).

Similarly, Cecille categorically declared that she was threatened by Florece with a gun (Page 17, TSN, November 17, 1994).

The requirement of force and intimidation in the crime of rape are relative and must be viewed in light of the victim’s perspective and the offender’s physical condition (People v. Plaza, 242 SCRA 724 [1995]). Further, physical resistance need not be established in rape when intimidation is exercised upon the victim and the latter submits herself against her will because of fear for life and personal safety. (People v. Ramos, 245 SCRA 405 [1995])

In this case, Cecille was only fifteen (15) years old at the time of the incident in question. At her age, it is reasonable to assume that a shot of gin rendered her tipsy. Thus, four (4) shots of gin must have rendered her dizzy, intoxicated and deprived of will or reason. The resulting weakness and dizziness which deprived Cecille of reason, will and freedom must be viewed in light of her perception and judgment at the time of the commission of the crime, and not by any hard and fast rule because in “rape cases, submission does not necessarily imply volition.” (Querido , 229 SCRA 745 [1994])”

It must likewise be taken into consideration that when Cecille went with the group of accused-respondent, she was of the impression that it was just for a joy ride. The conclusion made by the trial court that Cecille must have consented to the sexual act because she acquiesced to go with them in the first place is, therefore, bereft of any legal or factual support, if not non sequitur. That she agreed to accompany them for a joy ride does not mean that she also agreed to the bestial acts later committed against her person.

Second, the lower court stated that “force and violence in the offense of rape are relative terms, depending on the age, size and strength of the parties and their relation to each other.” The lower court enunciated this doctrine in finding that the alleged rape was actually a consensual act since the prosecution was unable to show that complainant suffered any injury nor show any evidence that her pants or blouse was torn. Neither was there any evidence that accused-respondent exerted overpowering and overbearing moral influence over the offended party.

This Court is of the impression that when the lower court invoked the above doctrine, it readily concluded that complainant agreed to the sexual act disregarding testimonies lending credence to complainant’s allegation that she was threatened and intimidated as well as rendered weak and dizzy, not only by the smoke of the marijuana cigarette but also by intoxication, thereby facilitating the commission of the crime. It was not imperative for the prosecution, in order to prove the elements of force or intimidation to show that Cecille had broken limbs or that her blouse or pants were torn. Her testimony to that effect would have sufficed. Nevertheless, the prosecution still exerted efforts to corroborate Cecille’s claim by presenting the examining physician who testified that Cecille suffered hymenal lacerations and lesions near the umbilicus area. Unfortunately, however, the lower court chose to ignore these telling pieces of evidence.

In addition, the lower court doubted complainant’s allegation that she was forced to smoke a small cigarette, presumably marijuana, due to the fact that “the prosecution failed to present any portion of that so-called small cigarette much less did it present an expert witness to show that inhaling of smoke from the said cigarette would cause the said offended party to suffer weakness and dizziness.” Said ratiocination is trifling and unpersuasive. In fact, it is even misleading as complainant categorically asserted that what made her weak and dizzy were the smoke of the cigarette and the intoxicating effect of four shots of gin, not the inhalation of the smoke alone. In any case, complainant could not be expected to produce that “portion of that so-called small cigarette.” Moreover, one does not need an expert witness to testify on what is common knowledge - that four shots of gin have a “weakening and dizzying” effect on the drinker, especially one as young as the fifteen-year old complainant.

More disturbing than the above misapplication of criminal law doctrines is the lower court’s misinterpretation of the medical findings and deliberate withholding of some testimonies which would have shown a very strong likelihood that complainant could indeed have been raped. The following pieces of evidence cited in the summary of the assailed order are indications of misleading findings:

First, the lower court did not lend any credence to the medical certificate issued after complainant’s physical examination. On the contrary, it interpreted it to mean that the offended party is already experienced in sexual intercourse, after the examining physician had testified that the hymenal lacerations might have been sustained a month, six months or even a year prior to the examination. Interestingly, the lower court failed to mention that Dr. Decena also testified that she cannot tell “how old is an old hymenal laceration” because she cannot indicate when an old laceration was inflicted and that from the size of the vagina she “could not point the exact cause.”

This Court views this apparent lapse on the part of the lower court with concern and agrees with petitioner, in accordance with well established jurisprudence, that proof of hymenal laceration is not indispensable in indictments for rape as a broken hymen is not an essential element of the crime. Further, in crimes against chastity, the medical examination of the victim’s genitalia is not an indispensable element for the successful prosecution of the crime. The examination is merely corroborative in nature.[13] And contrary to the theory espoused by the lower court, a hymenal laceration is not conclusive proof that one is experienced in sexual intercourse.

Second, the lower court highlighted the testimony of Dr. Decena to the effect that the cigarette burns indicated that the lesions near complainant’s umbilicus were due to skin diseases. Notably, however, the lower court again failed to mention that Dr. Decena likewise positively testified that the wounds could have been “caused by cigarette butts as alleged by the victim” which corroborates Cecille’s testimony that respondent burned her “right side of the stomach” thrice.

It is thus indicative from the above observations that the lower court abused its discretion and showed manifest bias in favor of accused-respondent in determining which circumstances are to be considered in supporting its decision as to the guilt of accused-respondent. In this regard, it must be remembered that the discretion to be exercised in granting or denying bail, according to Basco v. Rapatalo[14] “is not absolute nor beyond control. It must be sound, and exercised within reasonable bounds. Judicial discretion, by its very nature, involves the exercise of the judge’s individual opinion. It is because of its very nature that the law has wisely provided that its exercise be guided by well-known rules which, while allowing the judge rational latitude for the operation of his own individual views, prevent them from getting out of control. An uncontrolled or uncontrollable discretion on the part of a judge is a misnomer. It is a fallacy. Lord Mansfield, speaking of the discretion to be exercised in granting or denying bail said: ‘But discretion when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humour; it must not be arbitrary, vague and fanciful; but legal and regular.’”

The fact that vital prosecution evidence and testimonies have been irregularly disregarded indicate that they have not been considered at all in arriving at the decision to grant bail. This irregularity is even more pronounced with the misapplication of the two criminal law doctrines cited to support the grant of the bail application. This Court cannot help but observe that the lower court exerted painstaking efforts to show that the evidence of guilt of accused-respondent is not strong by its non sequitur justifications, misleading or unsupported conclusions, irregular disregard of vital prosecution evidence and strained interpretation, if not misinterpretation, of criminal law doctrines.

It is the view of this Court that: (1) the testimony of Dr. Decena confirming complainant’s allegation that accused-respondent burned the right side of her stomach with cigarette butts, (2) the testimony of Dr. Belmonte stating that complainant exhibited psychological manifestations which are “traceable to the rape incident”, and (3) the unrebutted offer of compromise, are indications of the strength of the evidence of guilt of accused-respondent.

Lending credence to petitioner’s case is the fact that after the conduct of two (2) preliminary investigations, “no bail” was recommended in the information. According to Baylon v. Sison,[15] such recommendation constitutes clear and strong evidence of guilt of the accused.

Aside from the apparent abuse of discretion in determining which circumstances and pieces of evidence are to be considered, the lower court also did not strictly comply with jurisprudential guidelines in the exercise of discretion. As reiterated in Carpio v. Maglalang,[16] discretion is guided by: first, the applicable provisions of the Constitution and the statutes; second, by the rules which this Court may promulgate; and third, by those principles of equity and justice that are deemed to be part of the laws of the land.

The present Constitution, as previously adverted to, provides that in crimes punishable by reclusion perpetua when evidence of guilt is strong, bail is not a matter of right. This Court has reiterated this mandate in Section 7, Rule 14 of the Rules of Court. Recently, this Court laid down the following rules in Basco v. Judge Rapatalo[17]which outlined the duties of a judge in case an application for bail is filed:

“(1) Notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation;

(2) Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise its discretion;

(3) Decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution; (Italics supplied)

(4) If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. Otherwise, petition should be denied.”

Based on the above-cited procedure and requirements, after the hearing, the court’s order granting or refusing bail must contain a summary of the evidence for the prosecution.[18] A summary is defined as “a comprehensive and usually brief abstract or digest of a text or statement.”[19]

There are two corollary reasons for the summary. First, the summary of the evidence in the order is an extension of the hearing proper, thus, a part of procedural due process wherein the evidence presented during the prior hearing is formally recognized as having been presented and most importantly, considered. The failure to include every piece of evidence in the summary presented by the prosecution in their favor during the prior hearing would be tantamount to not giving them the opportunity to be heard in said hearing, for the inference would be that they were not considered at all in weighing the evidence of guilt. Such would be a denial of due process, for due process means not only giving every contending party the opportunity to be heard but also for the Court to consider every piece of evidence presented in their favor.[20] Second, the summary of the evidence in the order is the basis for the judge’s exercising his judicial discretion. Only after weighing the pieces of evidence as contained in the summary will the judge formulate his own conclusion as to whether the evidence of guilt against the accused is strong based on his discretion.[21] (Emphasis supplied)

Based on the above-stated reasons, the summary should necessarily be a complete compilation or restatement of all the pieces of evidence presented during the hearing proper. The lower court cannot exercise judicial discretion as to what pieces of evidence should be included in the summary. While conceding that some prosecution evidence were enumerated, said enumeration was incomplete. An incomplete enumeration or selective inclusion of pieces of evidence for the prosecution in the order cannot be considered a summary, for a summary is necessarily a reasonable recital of any evidence presented by the prosecution. A “summary” that is incomplete is not a summary at all. According to Borinaga v. Tamin,[22] the absence of a summary in the order would make said order defective in form and substance. Corollarily, an order containing an incomplete “summary” would likewise be defective in form and substance which cannot be sustained or be given a semblance of validity. In Carpio v. Maglalang,[23] said order was considered defective and voidable. As such, the order granting or denying the application for bail may be invalidated.[24]

WHEREFORE, in view of the foregoing, the decision dated August 1, 1997 and the resolution dated December 22, 1997 in CA G.R. No. 42318 are REVERSED and the order dated March 24, 1995 in Criminal Case No. T-1417 is declared void for having been issued in grave abuse of discretion. The court a quo shall immediately issue a warrant for the rearrest of Roderick Odiamar if his bail bond has been approved and thereafter, proceed with dispatch in the disposition of said case. This resolution is immediately executory.

SO ORDERED.

Panganiban, Purisima, and Gonzaga-Reyes, JJ., concur.

Vitug, J., please see Dissenting Opinion.