Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Before RTC conviction, an accused in custody faces an offense not punishable by reclusion perpetua or life imprisonment. Under section 4, what is the ordinary classification of bail?
  1. Prohibited in all cases.
  2. Entirely dependent on the complainant’s preference.
  3. A matter of right.
  4. A criminal pardon.
  5. Available only after conviction.

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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