[ G. R. No. 1503. December 29, 1903 ] 3 Phil. 121
[ G. R. No. 1503. December 29, 1903 ]
THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. ALEJO RAVIDAS ET AL, DEFENDANTS AND APPELLANTS. D E C I S I O N
The defendants Alejo Ravidas and Narciso Melliza, together with. several other defendants, were tried in the Court of First Instance of Misamis on a charge of insurrection. Both were convicted, and Ravidas was sentenced to imprisonment for a term of five years and Melliza to three years. Both appealed to the Supreme Court from the judgment of conviction. After the case was lodged in the Supreme Court the attorneys for the two defendants named made a motion that they be allowed bail pending appeal, no such motion having been made in the trial court. This motion was heard on November 16, 1903, and was opposed by the representative of the Attorney-General who appeared on behalf of the Government,
On November 30, 1903, the court directed the entry of the following order on its minutes:
“Acting upon the motion of Messrs. Palma, Gerona & Mercado, attorneys for Alejo Ravidas and Narciso Melliza, defendants in the case of the United States vs. Ravidas. et al., that the said defendants be granted bail during the pendency of the appeal in this case before the court, after deliberation:
“Resolved, by a majority vote, That the motion to admit the said defendants to bail be denied. The Hon. C. S. Arellano, Chief Justice, and Justices Torres, Willard, and Johnson voted to deny the motion.”
From the order so entered and the refusal to grant bail Justices McDonough, Mapa, and Cooper dissented.