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ANITA ESTEBAN v. REYNALDO A. ALHAMBRA

FACTS:

The petitioner in this case is Anita Esteban who filed a petition for certiorari to annul the Orders dated July 9, 1998 and August 20, 1998 issued by Judge Reynaldo A. Alhambra. Gerardo Esteban, the brother-in-law of the petitioner, is the accused in four criminal cases where Anita Esteban posted cash bail of P20,000.00 in each case for his temporary liberty. However, Gerardo was charged with another crime and was subsequently arrested and detained. Anita filed an application for the cancellation of the cash bail she posted, claiming that she is terminating the cash bail by surrendering the accused who is now in jail. The trial court denied her application, stating that the accused was not voluntarily surrendered by the petitioner and that the cash bail remains the property of the accused, regardless of who posted it. The petitioner filed a motion for reconsideration, but it was also denied. Dissatisfied with the ruling, Anita Esteban filed a petition for certiorari with the Supreme Court, arguing that the cash bail should be cancelled based on the Revised Rules of Criminal Procedure. However, the Supreme Court held that the cash bail cannot be cancelled because the accused was not surrendered by the petitioner, and the money deposited as bail is considered the money of the accused and can be applied to the payment of fines and costs. The Supreme Court dismissed the petition and upheld the denial of the application for cancellation of cash bail.

ISSUES:

  1. Whether or not the cash bail posted by the petitioner can be cancelled.

  2. Whether or not the petitioner's application for cancellation of the cash bail is allowed under Section 22, Rule 114 of the Revised Rules of Criminal Procedure.

RULING:

  1. The court held that the cash bail cannot be cancelled because the accused was not surrendered by the petitioner. The accused was arrested and detained because of the subsequent criminal case filed against him.

  2. The court ruled that the petitioner's application for cancellation of the cash bail is not allowed under Section 22, Rule 114 of the Revised Rules of Criminal Procedure. The said provision contemplates a situation where the surety or bondsman surrenders the accused to the court and thereafter the court cancels the bail bond. Since the accused was not surrendered by the petitioner, the cash bail cannot be cancelled.

PRINCIPLES:

  • Money deposited as bail, even if made by a third person, is considered as the accused's deposit and takes the nature of property in custodia legis. It is to be applied for payment of fine and costs regardless of the fact that it was deposited by a third person.

  • A cash bail may be posted by the accused or by any person on his behalf. However, as far as the State is concerned, the money deposited is regarded as the money of the accused. It can be applied in the payment of any fine and costs that may be imposed by the court.

  • The right of the government to the money deposited as cash bail is in the nature of a lien on the money. It can be used to satisfy a fine imposed on the accused.

  • The money deposited as cash bail can only be applied in payment of fines and costs and cannot be subject to the claim of a creditor or any other purpose.