Philippine Bar review · Question

Practice question: Application for Bail in Capital Offenses

Multiple Choice Hard

Practice question

Following a bail hearing in a reclusion perpetua case, a judge writes only 'bail granted because I feel the accused will attend,' omitting any summary or evaluation of prosecution evidence on guilt. Which is the soundest criticism?
  1. Attendance is never relevant to any bail question
  2. The prosecution has the burden to prove final guilt beyond reasonable doubt at this preliminary stage
  3. No order can ever grant bail for such a charge
  4. The order must contain the evidentiary summary and reasoned conclusion on whether guilt is strong; an attendance prediction alone does not supply that determination
  5. The judge must delegate the ruling to the bondsman

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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