Philippine Bar review · Question

Practice question: Cancellation and Forfeiture

Multiple Choice Hard

Practice question

The prosecution dismisses a case by a valid court order after a prior bond breach. May the surety treat automatic cancellation as conclusive adjudication that no prior bond liability exists?
  1. No; cancellation remains without prejudice to liability already incurred on the bond.
  2. Yes, every dismissal conclusively settles all previous surety disputes.
  3. Yes, automatic cancellation erases every earlier breach.
  4. Yes, no separate liability issue may be heard.
  5. Yes, the surety may destroy the relevant records.

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

Answer this question in flashcards to review your response and continue practicing.