Practice question
Does applying for or being admitted to bail automatically bar a timely pre-plea challenge to arrest under section 26?
- Yes, without exception.
- Yes, even if the Rule expressly preserves it.
- No; bail is not itself a bar when the covered challenge is raised before plea.
- No, because every arrest becomes illegal upon bail.
- Yes, unless the prosecutor consents.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 114 section 26: bail and timely objections to arrest, warrant and preliminary investigation.
- https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html — Patotoy v. People, G.R. 257910, March 4, 2025, main opinion: personal-jurisdiction waiver distinct from evidence admissibility.
- https://lawphil.net/judjuris/juri2006/mar2006/gr_158763_2006.html — Miranda v. Tuliao, G.R. 158763, March 31, 2006, main opinion: custody, voluntary appearance and special appearance.
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