Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

The RTC imposes eight years’ imprisonment for an offense within section 5. On notice to the accused, the prosecution establishes circumstances showing a probability of flight if released pending appeal. May the court disregard that showing merely because the accused can pay?
  1. Yes, money eliminates the section 5 limitations.
  2. Yes, every appeal restores bail as a right.
  3. Yes, the prosecution’s showing is legally irrelevant.
  4. No; for imprisonment exceeding six years, section 5 requires denial or cancellation upon the prescribed showing, including probability of flight.
  5. No, because every eight-year sentence is automatically reclusion perpetua.

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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