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    (B) When Is Bail A Matter of Judicial Discretion? (2%)

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    Kev Bayona
    Bail is a matter of judicial discretion upon conviction by the RTC of an offense not punishable by death or life imprisonment, or when the penalty imposed is over 6 years but not more than 20 years and none of the circumstances proving recidivism or risk of flight are present. A peace officer may make a valid warrantless arrest during an in flagrante delicto offense or under the doctrine of hot pursuit. A public prosecutor conducts an inquest instead of a preliminary investigation when a person is lawfully arrested without a warrant.

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    (B) When Is Bail A Matter of Judicial Discretion? (2%)

    Uploaded by

    Kev Bayona
    128 views2 pages
    Bail is a matter of judicial discretion upon conviction by the RTC of an offense not punishable by death or life imprisonment, or when the penalty imposed is over 6 years but not more than 20 years and none of the circumstances proving recidivism or risk of flight are present. A peace officer may make a valid warrantless arrest during an in flagrante delicto offense or under the doctrine of hot pursuit. A public prosecutor conducts an inquest instead of a preliminary investigation when a person is lawfully arrested without a warrant.

    Original Description:

    answer to bar question

    Original Title

    Bail Judicial Discretion

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    Bail is a matter of judicial discretion upon conviction by the RTC of an offense not punishable by death or life imprisonment, or when the penalty imposed is over 6 years but not more than 20 years and none of the circumstances proving recidivism or risk of flight are present. A peace officer may make a valid warrantless arrest during an in flagrante delicto offense or under the doctrine of hot pursuit. A public prosecutor conducts an inquest instead of a preliminary investigation when a person is lawfully arrested without a warrant.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    128 views2 pages

    (B) When Is Bail A Matter of Judicial Discretion? (2%)

    Uploaded by

    Kev Bayona
    Bail is a matter of judicial discretion upon conviction by the RTC of an offense not punishable by death or life imprisonment, or when the penalty imposed is over 6 years but not more than 20 years and none of the circumstances proving recidivism or risk of flight are present. A peace officer may make a valid warrantless arrest during an in flagrante delicto offense or under the doctrine of hot pursuit. A public prosecutor conducts an inquest instead of a preliminary investigation when a person is lawfully arrested without a warrant.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    (b) When is bail a matter of judicial discretion?

    (2%)

    When bail is a matter of discretion, the determination of whether or not to


    grant bail lies with the sound discretion of the court.

    Bail is discretionary:

    1. Upon conviction by the RTC of an offense not punishable by death,


    reclusion perpetua or life imprisonment, admission to bail is
    discretionary;
    2. After conviction by the RTC wherein a penalty of imprisonment
    exceeding 6 but not more than 20 years is imposed, and not one of the
    circumstances below is present and proved, bail is a matter of
    discretion; (RECFU)
    a. Recidivism, quasi-recidivism or habitual delinquency or commission
    of crime aggravated by the circumstances reiteration;
    b. Previous Escape from legal confinement, evasion of sentence or
    violation of the conditions of bail without valid justification;
    c. Commission of an offense while on probation, parole or under
    conditional pardon;
    d. Circumstance of the accused or his case indicates the probability
    of Flight if released on bail;
    e. Undue risk on commission of another crime by the accused during
    pendency of appeal.

    (c) Give at least two instances when a peace officer or a private person
    may make a valid warrantless arrest. (2%)

    General Rule: No peace officer or person has the power or authority to


    arrest anyone without a warrant except in those cases expressly
    authorized by law.

    Exceptions: Lawful warrantless arrest


    1. In flagrante delicto arrests

    When, in his presence, the person to be arrested has commited, is actually


    commiting, or is attempting to commit a crime.

    2. Doctrine of Hot Pursuit

    When an offense has in fact just been committed, and he has probable
    cause to believe based on personal knowledge of facts or circumstances
    that the person to be arrested has committed it.
    3. Evasion of the service of sentence
    When the person to be arrested is a prisoner who:
    a. Has escaped from a penal establishment or place where he is
    serving final judgment or temporarily confined while his case is
    pending; or
    b. has escaped while being transferred from one confinement to
    another.
    4. Where a person who has been lawfully arrested escapes or is rescued
    (ROC, RULE 113, Sec. 13);
    5. By the bondsman for the purpose of surrendering the accused (ROC,
    RULE 114, Sec. 23); and
    6. Where the accused attempts to leave the country without permission
    of the court (ROC, RULE 114, Sec. 23).

    (c) When does a public prosecutor conduct an inquest instead of a preliminary


    investigation? (2%)

    It applies when a person is lawfully arrested without a warrant involving an


    offense which requires a PI. It is not a PI.

    It is conducted by a prosecutor in criminal cases where a person has been


    lawfully arrested and detained without a warrant of arrest. It is formal and
    summary and its purpose is to determine whether or not the person detained
    should remain under custody and then charged in court.

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