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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An accused in an RTC case posts cash bail through a private individual as surety in the amount of PHP 600,000. On the date set for arraignment, the accused fails to appear. The trial court immediately orders the forfeiture of the bail and issues warrants for the arrest. After 120 days, the accused is apprehended and brought back to court. The surety moves for remission of the forfeiture on the ground that the non-appearance was due to a sudden medical emergency requiring hospitalization, supported by medical certificate, and the accused subsequently surrendered to authorities. The court denies the remission. In light of these facts, answer: (a) Identify the controlling doctrine governing forfeiture and the possible relief from it (exoneration/remission). (b) Distinguish between forfeiture and exoneration/remission of bail, including who may initiate relief and under what circumstances relief is granted. (c) Apply the rules to the facts: was the forfeiture proper, and could the bond be exonerated given the accused’s subsequent surrender?

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Clara

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