Practice question
A respondent files a verified motion in the issuing court presenting evidence that she is not a flight risk and offers the required bond. An opponent says the Rule categorically forbids temporary lifting before preliminary investigation ends. Which answer best follows Sections 7 and 8?
- Temporary lifting is forbidden under every circumstance.
- The Rule permits the issuing court to consider the specified temporary-lifting grounds and bond conditions without prejudging the preliminary-investigation result.
- Offering any bond automatically guarantees approval without court assessment.
- A prosecutor alone must issue a replacement order.
- A verified motion is expressly prohibited.
Legal references
- Supreme Court A.M. No. 18-07-05-SC, August 7, 2018, Rule on Precautionary Hold Departure Order, Sections 2-8, quoted in Garcia v. Sandiganbayan, G.R. Nos. 205904-06, October 17, 2018, main decision: https://lawphil.net/judjuris/juri2018/oct2018/gr_205904-06_2018.html
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