Philippine Bar review · Question

Practice question: Where Filed

Multiple Choice Hard

Practice question

The RTC convicts an accused, changing the offense from a nonbailable one to a bailable one. The accused appeals and seeks bail. Counsel argues that the trial court may always resolve it until physical transmission of records. What qualification controls?
  1. There is never any appellate bail power.
  2. Every convicted person automatically receives bail.
  3. A bondsman may select either court without restriction.
  4. Section 5 specifically requires this application to be filed with and resolved by the appellate court.
  5. The pending criminal case is converted into a civil case.

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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