Actions essentially involving the interest of
the state, if not initiated by the Solicitor General, are, as a rule summarily
dismissed. Here, the question of
granting bail to the accused is but an aspect of the criminal action,
preventing him from eluding punishment in the event of conviction. The grant
of bail or its denial has no impact on the civil liability of the accused that
depends on conviction by final judgment. Here, respondent Co has already
been arraigned. Trial and judgment, with award for civil liability when
warranted, could proceed even in his absence. In Narciso v. Sta. Romana-Cruz, 385 Phil. 208 (2000), the Supreme
Court allowed the offended party to challenge before it the trial court's
order granting bail. But in that case, the trial court gravely abused its
discretion amounting to lack of jurisdiction in granting bail without
conducting any hearing at all. Thus, to disallow the appeal on the basis of
lack of intervention of the OSG would "leave the private complainant
without any recourse to rectify the public injustice." It is not the case
here. The trial court took time to hear the parade of witnesses that the
prosecution presented before reaching the conclusion that the evidence of guilt
of respondent Co was not strong. (BURGOS vs. CA, G.R.
No. 169711, February 08, 2010, ABAD, J.).
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