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All Jurisprudence based

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

In a regional trial court in Cebu City, Judge Maria E. Sanchez fixes bail at PHP 4,000,000 for accused Diego Santos charged with frustrated murder following a nightclub altercation. Santos is a 28-year-old taxi driver with a net monthly income of PHP 13,000 and owns a house with equity around PHP 450,000. The prosecution argues the weight of the evidence is strong, while the defense contends that the bail amount is excessive and would effectively preclude posting. Santos seeks to post bail through cash and surety. The court denies Santos’s motion for reduction. (a)Identify the controlling doctrine and the standard factors used in fixing bail under Rule 114 and the 1987 Constitution. (b)Apply the facts: is the amount of PHP 4,000,000 a reasonable bail? Why or why not? (c)If the bail is excessive, what remedies are available to secure relief and what steps should be taken in pursuing them?

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Remedy: The accused should simply accept the bail and request post-release monitoring; No further remedy is available. Remedy: After a high bail order, the proper step is to file for immediate detention without bail; The remedy to fix bail is not available. Controlling doctrine: the weight of evidence is the sole determinant of bail; Therefore PHP 4,000,000 is fixed based solely on the gravity of the offense; Remedy: none. Controlling doctrine: bail must be not greater than necessary to assure appearance, considering weight of evidence, gravity and circumstances of the offense, probable penalty, and the accused's financial means and collateral; For these facts, PHP 4,000,000 is excessive; Remedy: file a motion for reduction in the trial court; if denied, seek relief by certiorari under Rule 65 or by appellate review.

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