Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

An accused is charged with an offense punishable by reclusion perpetua. When does section 7 prohibit bail?
  1. When the evidence of guilt is strong.
  2. Whenever the complainant requests imprisonment, without evidence.
  3. Only after the accused confesses.
  4. Only if the accused owns property.
  5. Never, because every charge is bailable as an absolute right.

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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