Practice question
An accused facing a reclusion perpetua charge seeks discretionary bail in an unrelated court merely because he was arrested nearby. Does the rule for filing bail in an amount already fixed automatically authorize that discretionary application?
- No; Section 17(b)’s pending-court rule for discretionary bail must be observed.
- Yes, location of arrest abolishes Section 17(b).
- Yes, any judge can bypass the pending court’s guilt-strength inquiry.
- Yes, the accused may select the first court promising release.
- Yes, a police station can replace the pending court.
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
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