Pp Vx Donato

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Facts: Criminal Case of the RTC was filed against private respondent Rodolfo Salas, alias “Commander Bilog”, and his co-accused. They were charged for the crime of rebellion under Article 134 in relation to Art 135 of RPC. The above-name were accused in their capacities as leaders of NPA, its mass infiltration network and National Democratic Front with its other subordinate organizations and front, in conspiracy and support, engaged themselves in war against the forces of the government, destroying property or committing serious violence, And other acts in the pursuit of their unlawful purpose. Habeas corpus for Salas and his co-accused was filed with the SC which was dismissed in the Court's resolution on the basis of the agreement of the parties under which Salas "will remain in legal custody and will face trial before the court having custody over his person" and the warrants for the arrest of his co-accused are deemed recalled and they shall be immediately released but shall submit themselves to the court having jurisdiction over their person. Salas filed with the court below a Motion to Quash the Information. But was denied by Judge Donato. Solicitor General opposed on the ground that since rebellion became a capital offense under the provisions of PD 1996, 942 and 1834, which amended Article 135 of the Revised Penal Code, by imposing the penalty of reclusion perpetua to death on those who promote, maintain, or head a rebellion, the accused is no longer entitled to bail as evidence of his guilt is strong. President issued Executive Order 187 restoring to full force and effect Article 135 of the Revised Penal Code. Private Respondent petition for Bail; Respondent Judge taking into consideration E.O. 187 (1987) granted the petition for Bail, and imposed upon private respondent

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Pp Vx Donato

Transcript of Pp Vx Donato

Facts: Criminal Case of the RTC was filed against private respondent Rodolfo Salas, alias Commander Bilog, and his co-accused The! were charged for the crime of re"ellion under #rticle $%& in relation to #rt $%' of R(C The a"ove-name were accused in their capacities as leaders of )(#,its mass infiltration networ* and )ational +emocratic Front with its other su"ordinate organi,ations and front, inconspirac! and support, engaged themselves in war against the forces of the government, destro!ing propert! or committing serious violence, #nd other acts in the pursuit of their unlawful purpose -a"eas corpus for Salas and his co-accused was filed with the SC which was dismissed in the Court.s resolution on the "asis of the agreement of the parties under which Salas /will remain in legal custod! and will face trial "efore the court having custod! over his person/ and the warrants for the arrest of his co-accused are deemed recalled and the! shall "e immediatel! released "ut shall su"mit themselves to the court having 0urisdiction over their person Salas filed with the court "elow a 1otion to 2uash the 3nformation But was denied "! 4udge +onato Solicitor 5eneral opposed on the ground that since re"ellion "ecamea capital offense under the provisions of (+ $667, 6&8 and $9%&, which amended #rticle $%' of the Revised (enal Code, "! imposing the penalt! of reclusion perpetua to death on those who promote, maintain, or head a re"ellion, the accused is no longer entitled to "ail as evidence of his guilt is strong (resident issued :;ecutive