Practice question
An accused in custody facing an offense punishable by reclusion perpetua offers property to repay complainants. Without notifying the prosecution or hearing evidence on the strength of guilt, the judge grants bail to facilitate repayment. Applying Garcia, which is correct?
- The repayment purpose automatically validates release
- The judge bypassed mandatory bail safeguards; repayment arrangements do not replace the required evidentiary determination
- Private complainants alone can decide bail
- Offering property conclusively establishes innocence
- The judge need only estimate the complainants' investments
Legal references
- Rule 114, Sections 7–8 and 18; Garcia v. Tehano-Ang, A.M. No. RTJ-24-066, May 14, 2024, main decision.
- Reviewed primary authority, Rule 114, Sections 7–8 and 18; questions use current reclusion perpetua/life imprisonment charges: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Reviewed primary authority, Main decision, mandatory bail hearing and evidence summary: https://lawphil.net/judjuris/juri2024/may2024/am_rtj-24-066_2024.html
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