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?
- Yes, money eliminates the section 5 limitations.
- Yes, every appeal restores bail as a right.
- Yes, the prosecution’s showing is legally irrelevant.
- No; for imprisonment exceeding six years, section 5 requires denial or cancellation upon the prescribed showing, including probability of flight.
- 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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