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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In the Regional Trial Court of Manila, the accused is charged with murder (a capital offense) and files a bail application under Rule 114. The prosecution presents evidence including eyewitness identification at the scene and a forensic link to the weapon, while the defense adduces a credible alibi. The court must decide whether bail pending trial should be granted. Which statement best states the controlling standard for granting bail in capital offenses?

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Bail in capital offenses may be granted only if the evidence of guilt is not strong, and the court may impose conventional conditions to assure the accused's appearance and prevent evasion. Bail in capital offenses is determined by the probable cause standard and the court's assessment of guilt beyond reasonable doubt. The controlling standard is the likelihood of conviction at trial. Bail in capital offenses may be granted even if the evidence of guilt is strong, if the accused surrenders and posts bail.

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