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?
- There is never any appellate bail power.
- Every convicted person automatically receives bail.
- A bondsman may select either court without restriction.
- Section 5 specifically requires this application to be filed with and resolved by the appellate court.
- 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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