Virtuoso v. Municipal Judge of Mariveles, Bataan

Virtuoso v. Municipal Judge of Mariveles, Bataan

G.R. No. L-47841 March 21, 1978

Fernando, J.

Facts:

                Petitioner Francisco Virtouso, Jr., who filed an application for the writ of habeas corpus on February 23, 1978, premised his plea for liberty primarily on the ground that the pre examination which led to the issuance of a warrant of arrest against him was a useless formality as respondent Municipal Judge of Mariveles, Bataan, failed to meet the strict standard required by the Constitution to ascertain whether there was a probable cause. He likewise alleged that aside from the constitutional infirmity that tainted the procedure followed in the preliminary examination, the bail imposed was clearly excessive. It was in the amount of Pl6,000.00, the alleged robbery of a TV set being imputed to petitioner. As prayed for, the Court issued a writ of habeas corpus. Respondent Judge justified the issuance of the warrant of arrest, alleging that there was no impropriety in the way the preliminary examination was conducted. As to the excessive character of the bail, he asserted that while it was fixed in accordance with the Revised Bail Bond Guide issued by the Executive Judge of Bataan in 1977, he nevertheless reduced the amount to P 8,000.00.

Issue:

                whether or not petitioner should be released on recognizance

Held:

                Yes. Petitioner is a seventeen-year old minor entitled to the protection and benefits of the Child and Youth Welfare Code. A youthful offender is defined therein as “one who is over nine years but under eighteen years of age at the time of the commission of the offense.” As such, he could be provisionally released on recognizance in the discretion of a court.

Obiter:

                Courts should, whenever appropriate, give vitality and force to the Youth and Welfare Code, which is an implementation of this specific constitutional mandate: “The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual, and social well-being.”