Practice question
An accused has begun serving a final judgment of conviction and asks to post ordinary bail solely because he now has enough money. No applicable probation situation is involved. What follows?
- The right to bail revives upon payment.
- The right continues forever after finality.
- The trial court must treat the conviction as unfinal.
- The bondsman may order immediate release.
- Section 24 bars bail after commencement of service of sentence; the proposed payment does not restore provisional liberty.
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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