Philippine Bar review · Question

Practice question: Application for Bail in Capital Offenses

Multiple Choice Hard

Practice question

A bail-hearing witness is merely reluctant to answer more questions but remains available and able. May counsel treat that reluctance alone as the expressly established inability-to-testify exception?
  1. Yes, reluctance always equals legal inability.
  2. No; the actual applicability of an exception must be established, and the court resolves a proper recall motion.
  3. Yes, counsel can conclusively forbid the court to recall any witness.
  4. Yes, every inconvenient witness is deemed deceased.
  5. Yes, the exception applies whenever one side dislikes additional examination.

Legal references

  • Rules of Court, Rule 114, Sections 5, 8-9, 17, 21-23, as specifically discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html

Answer this question in flashcards to review your response and continue practicing.