Flashcards Studio

In a criminal case before the RTC of Metro City, bail is denied by the judge on the basis of a ‘grave flight risk’ and the likelihood of interference with ongoing investigations. The accused’s counsel promptly files a petition for certiorari under Rule 65 challenging the denial on the ground of grave abuse of discretion. (a) Identify the proper remedy when bail is denied and the governing doctrine. (b) Distinguish this remedy from an ordinary appeal of the bail ruling and from a petition for habeas corpus. (c) Apply to the facts: the RTC’s order cites flight risk and potential interference as bases for denial; the petition for certiorari alleges grave abuse for misapplying the bail standard and for disregarding documentary evidence and the defense’s proffered factors. Based on the facts, determine whether the remedy should be granted and why.