Practice question
In a reclusion perpetua case, the prosecutor says there is no objection to bail. May the judge dispense entirely with the required hearing on the strength of guilt?
- Yes, nonopposition automatically proves weak evidence
- Yes, if the accused owns property
- No, the judge must still conduct the required hearing and exercise judicial discretion on an adequate basis
- Yes, if private counsel agrees
- Yes, because prosecutorial silence is a final acquittal
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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