Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

For an accused in custody whose first-level court conviction is not final, how does Rule 114 section 4 classify bail?
  1. Always forbidden.
  2. A matter of right, subject to the applicable bail requirements.
  3. Available only if the prosecutor consents.
  4. Available only after serving sentence.
  5. Always a matter of RTC post-conviction discretion solely because any conviction occurred.

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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