Philippine Bar review · Question

Practice question: Bail as a Matter of Right vs. Matter of Discretion

Multiple Choice Medium

Practice question

After RTC conviction of an offense not punishable by reclusion perpetua or life imprisonment, while the judgment is not final, what is bail’s ordinary classification?
  1. Still an unconditional pre-conviction right.
  2. Discretionary under section 5, subject to its limitations.
  3. Automatically cancelled in every case regardless of the Rule.
  4. An automatic acquittal.
  5. Dependent solely on ability to pay.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 114 sections 4–8 and 24: bail as right, discretionary bail, strong evidence, burden and finality.
  • https://lawphil.net/judjuris/juri2006/mar2006/gr_158763_2006.html — Miranda v. Tuliao, G.R. 158763, March 31, 2006, main opinion: custody as prerequisite for bail.

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