Philippine Bar review · Question

Practice question: Where Filed

Multiple Choice Easy

Practice question

A person is in custody but has not yet been charged in court. Where may that person apply for bail under section 17(c)?
  1. With any court in the province, city or municipality where held.
  2. Only in the Supreme Court.
  3. Only with the arresting officer.
  4. Only in the place where the person was born.
  5. Nowhere until a conviction is final.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 114 sections 5, 17 and 19: where fixed bail or discretionary applications are filed, appeal qualification and forwarding of bail papers.
  • https://lawphil.net/judjuris/juri2006/mar2006/gr_158763_2006.html — Miranda v. Tuliao, G.R. 158763, March 31, 2006, main opinion: custody prerequisite distinct from personal jurisdiction.

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