Philippine Bar review · Question

Practice question: Bail-Negating Circumstances

Multiple Choice Hard

Practice question

The prosecution relies on a missed bail appearance but the accused presents a documented potentially valid justification. May the court erase the qualification in Section 5(b) and treat every absence as automatically unexcused?
  1. Yes, the words without valid justification have no legal effect.
  2. No; it must determine the asserted justification on the relevant record.
  3. Yes, every absence is conclusively an escape.
  4. Yes, evidence of justification is always prohibited.
  5. Yes, a missed date automatically proves a new crime.

Legal references

  • Rules of Court, Rule 114, Sections 5, 8-9, 17, 21-23, as specifically discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, MAIN decision, postconviction discretion and qualified certiorari review: https://lawphil.net/judjuris/juri2010/mar2010/gr_189122_2010.html

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