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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An accused, Omar Dizon, is charged with murder before the Regional Trial Court and is in pre-trial detention. The trial court denies his application for bail, ruling that the evidence of guilt is strong, citing (i) a grainy CCTV video showing a figure in a dark hoodie near the crime scene within the relevant time window; (ii) a DNA analysis on a bloodstain found at the scene reportedly matching the accused, though the profile yield is low due to sample degradation; and (iii) cell-site location data showing the accused’s phone near the crime scene around the time of death. The defense contends the CCTV is inconclusive, the DNA is not decisive, and the location data is unreliable; it petitions for certiorari. (a) Identify the controlling rule on when bail may be denied as a matter of discretion under Rule 114. (b) Explain how this standard differs for capital offenses versus non-capital offenses. (c) Apply the rule to these facts and decide whether the denial of bail is proper, with brief justification.

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