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Esteban v.

Alhambra (2004) such application will be made regardless of the fact that the
Petition: Certiorari money was deposited by a third person.
Petitioner: Anita Esteban 4. Petitioner filed MR – DENIED
Respondent: Hon. Reynaldo Alhambra, Presiding Judge RTC Br. 39,San 5. Hence this petition
Jose City
Ponencia: Sandoval-Gutierrez, J. Petitioner’s argument: Her application for cancellation of bail is allowed
under Section 22, Rule 114
“The law contemplates that the deposit shall be made by the defendant. The ISSUE: W/N the Judge validly denied the application for cancellation of
money, x x x, must accordingly be treated as the property of the accused. As a bail. – YES.
result, the money could be applied in payment of any fine imposed and of the
costs. RULING + RATIO:
1. First paragraph of Section 22 contemplates a situation where surety
PROVISION: or bondsman surrenders accused to court. After, upon application by
Sec. 22. Cancellation of bail. – Upon application of the bondsmen, with due surety or bondsman, the court cancels bail bond.
notice to the prosecutor, the bail may be cancelled upon surrender of the 2. In this case, the cash bail cannot be cancelled.
accused or proof of his death. a. Petitioner did not surrender accused to the trial court but he
was arrested and detained for a subsequent criminal offense.
The bail shall be deemed automatically cancelled upon acquittal of the b. Bail bond was also in the form of cash depoisit and as
accused, dismissal of the case, or execution of the judgment of conviction. mandated by Section 14, it shall be applied to the payment of
costs and excess shall be returned to person making deposit.
In all instances, the cancellation shall be without prejudice to any liability on c. There is a different treatment to cash bail compared to other
the bail. bail bonds.
i. May be deposited by accused or any person
FACTS: ii. But as far as state is concerned, money deposited is
1. Gerardo Esteban is the accused in 4 criminal cases money of accused and can be applied in payment of
a. His sister-in-law Anita posted cash bail of P20,000 in each fine and costs. When cash bail is allowed, there are 2
case for his temporary liberty. parties: State and defendant(Esler v. Ledesma)
b. While out on bail during the pendency, Gerardo was again iii. But while as between the State and the accused the
charged with another crime for which he was arrested and money deposited by a third person for the release of
detained. the accused is regarded as the money of the
2. Fed up, petitioner refused to post another bail. accused, it is not so regarded for any other purpose.
a. She filed with the trial court an application for the As between the accused and a third person, the
cancellation of the cash bonds posted for the 4 cases, residue of the cash bail is not subject to the claim of a
alleging that she is terminating the cash bail by surrendering creditor of property obtain
accused, now in jail. 3. No grave abuse of discretion on the part of Judge
3. Respondent Judge denied petition arguing that
a. She did not voluntarily surrender the accused but instead he DISPOSITION: Petition DISMESSED.
was subsequently charged with another crime.
b. Arrest does not affect the character of the cash bail posted for
the 4 cases
c. Bail, even though made by a third person is considered as the
accused’s deposit where there is no relationship of principal
and surety
d. Money so deposited takes the nature of property in custodia
legis and is to be applied for payment of fine and costs. And