Practice question
The case is pending locally, bail is fixed, and the judge of the pending court is absent or unavailable. What does section 17(a) permit?
- Automatic permanent release without bail.
- Filing only after the judge returns, without any exception.
- Filing with a qualifying regional or first-level trial judge in the province, city or municipality as specified by the Rule.
- A bondsman deciding the criminal charge.
- Filing in any country.
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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