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Jose Antonio Leviste Vs. The Court of Appeals, et al. [DISSENTING OPINION, PERALTA, J.]

JOSE ANTONIO LEVISTE, Petitioner, versus THE COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, Respondents. [DISSENTING OPINION, PERALTA, J.]

G.R. No. 189122 | 2010-03-17

DISSENTING OPINION

PERALTA, J.:

The denial of an application for bail pending appeal on a case where the accused was charged with Murder but was convicted with Homicide seriously poses some important questions. 

By denying the application for bail pending appeal of an accused who was charged with the crime of Murder but was convicted of the crime of Homicide, is this Court, in effect, saying that the evidence of guilt for the crime of Murder is strong despite the lower court's finding of proof beyond reasonable doubt of the crime of Homicide, a bailable offense? 

By denying the application for bail pending appeal on the ground that...