Philippine Bar review · Question

Practice question: Remedy When Denied

Multiple Choice Hard

Practice question

An appellant petitions for certiorari against discretionary bail denial, arguing only that no Section5 listed circumstance exists. It supplies no separate showing of grave abuse. Which is best?
  1. Certiorari necessarily succeeds
  2. The argument alone is insufficient because absence of listed circumstances does not compel bail
  3. The bail denial necessarily proves guilt beyond every doubt
  4. Every listed circumstance must be presumed
  5. A discretionary denial can never be challenged on any facts

Legal references

  • Leviste v. CA, G.R.189122, March17 2010: https://lawphil.net/judjuris/juri2010/mar2010/gr_189122_2010.html

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