Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

In the bail hearing for an offense punishable by reclusion perpetua, who bears the burden of showing that evidence of guilt is strong?
  1. The accused must prove innocence beyond reasonable doubt.
  2. The bondsman must decide guilt.
  3. The prosecution.
  4. The newspaper publisher.
  5. No one; the charge alone conclusively resolves it.

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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